We are purchasing a 2 bedroom apartment in Botany Bay with a mortgage. We have a Botany Bay conveyancer, however the bank advise he's not on their "panel". We have to appoint one of the bank panel firms or retain our Botany Bay lawyer and pay for one of their panel lawyers to act for them. We consider that this is unjust; is there anything we can do?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Botany Bay conveyancing lawyer to apply to be on the conveyancing panel.

Can your site be used to recommend a Conveyancing solicitor in Botany Bay even where I’m not purchasing or selling a house, for example if I want to buy a shop in Botany Bay with a mortgage from Nottingham Building Society?

Our comparison service is predominantly used to get a quote from residential conveyancing solicitors in Botany Bay but we have set out at the bottom of this page a selection of Botany Bay commercial conveyancing firms. You should speak with the firm directly to see if they are also authorised to represent Nottingham Building Society

The Botany Bay conveyancing solicitors that I recently instructed on my purchase in Botany Bay have suddenly shut down. I chose them because I needed a solicitor on the Lloyds conveyancing panel and my preferred Botany Bay lawyer was not. I gave my credit card details for them to take £195 for searches. What do I do now?

If you have an estate agent involved then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Lloyds conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help.

When it comes to mortgage companies such as Bank of Ireland, do Botany Bay conveyancing practitioners have to pay a yearly amount to be on the list of approved solicitors?

We are not aware of any lender fees to be on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel submission.

I am purchasing a property in Botany Bay. A rare aspect is that the roof has a solar panel. Clydesdale have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that your lender is Clydesdale your lawyer must follow the conveyancing requirements contained in Section 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook includes minimum conditions for solar panel roof-space leases, and solicitors are required to report to Clydesdale where a lease fails to meet these conditions. The conditions relate to the installation of panels on properties nationwide and is not limited to Botany Bay.

Our offer on a semi in Botany Bay has been accepted, but there is a chain. The sellers have placed an offer on on an apartment, but it’s not been accepted yet, and are looking at other flats booked. I have chosen a nearby conveyancing solicitor in Botany Bay. What do I do now? At what point should I apply for the mortgage with Coventry BS?

It is understandable to have concerns where there is a chain as you are unlikely to want to incur costs too early (home loan application is in the region of £1k, then valuation, Botany Bay conveyancing search charges, etc). The first thing to do is check that your solicitor is on the Coventry BS approved list. Concerning the next steps this very much dictated by the uniqueness of your transaction, desire for the property and on the state of the market. During a buoyant market some buyers would apply for a home loan with Coventry BS and arrange for the valuation and only if it was satisfactory would they ask their solicitor to move forward with the conveyancing in Botany Bay.

I am the leaseholder of a basement flat in Botany Bay. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?

You certainly can. We are happy to put you in touch with a Botany Bay conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Botany Bay residence is 23 Beaconsfield Road in July 2013. The Tribunals decided that the amount payable was £31,203 for the freehold. This case was in relation to 2 flats. The unexpired term was 70.31 years.

What makes a Botany Bay lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Botany Bay. All leases are unique and drafting errors can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

A provision to repair to or maintain parts of the premises A provision for the recovery of money spent for the benefit of another party.

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Bank of Scotland, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.