My Botany Bay lawyer has identified an inconsistency between the surveyor’s assumptions in the home valuation report and what is in the conveyancing documents. My lawyer informs me that he is duty bound to check that the bank is OK with this discrepancy and is still content to lend. Is my solicitor’s stance correct?

Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.

Can you explain why leasehold purchase conveyancing in Botany Bay is more expensive?

In short, leasehold conveyancing in Botany Bay and elsewhere usually necessitates additional hours of investigation compared to freehold transactions. This includes lease investigation, liaising with the landlord about the service of appropriate notices, obtaining up-to-date service charge and management information, procuring the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first entered into.

We are expecting a mortgage offer soon. The lender mentioned the home loan came with free conveyancing. Does this mean I have to use their panel solicitor as I would prefer to appoint a Botany Bay based conveyancing firm?

Do check but the chances are that give you one of their panel conveyancers where you accept the "fee-free" offer. Speak to the mortgage company and determine if they offer you a monetary alternative. Some banks have previously offered a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor near Botany Bay.

As co-executor for the estate of my grandmother I am selling a residence in Swansea but live in Botany Bay. My lawyer (who is 250 miles from mehas requested that I sign a stat dec before completion. Could you suggest a conveyancing lawyer in Botany Bay who can attest and place their company stamp on the document?

Technically speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Normally or notary public or qualified solicitor will suffice regardless of whether they are based in Botany Bay

I have had difficulty in trying to purchase the freehold in Botany Bay. Can the Leasehold Valuation Tribunal adjudicate on premiums?

if there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to assess the sum to be paid.

An example of a Freehold Enfranchisement decision for a Botany Bay flat 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 number of years remaining on the existing lease(s) was 70.31 years.

What are the common defects that you come across in leases for Botany Bay properties?

There is nothing unique about leasehold conveyancing in Botany Bay. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

A provision to repair to or maintain parts of the building A duty to insure the building

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Leeds Building Society, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.