Our conveyancer has discovered a defect with the lease for the property we are purchasing in Cheltenham. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer says that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?

Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. The appropriate lender specifications have to be complied with.

About to place a bid on a leasehold apartment in Cheltenham. The property agents tell me that it is standard for flats in Cheltenham to have less than 75 years left on the lease. I am getting a loan with Chelsea Building Society. Is this going to be acceptable if the lease has 69 years remaining.

Most leasehold conveyancing experts should be able to deal with a lease extension. if you are obtaining a mortgage then your lender may insist that the lease be extended before competition. Chelsea Building Society have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 18/2/2025 the requirements read as follows :

Should my solicitor be raising questions about flooding as part of the conveyancing in Cheltenham.

The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Cheltenham. There are those who buy a property in Cheltenham, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not best placed to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Cheltenham. The standard property information forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to find out whether the premises has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the vendor, then a purchaser may commence a legal claim for losses stemming from an incorrect reply. The purchaser’s solicitors should also commission an enviro search. This will indicate whether there is a recorded flood risk. If so, more detailed inquiries should be conducted.

I am buying a new build house in Cheltenham benefiting from help to buy. The developers would not budge the price so I negotiated 6k of extras instead. The sale representative told me not inform my conveyancer about the extras as it would affect my mortgage with Skipton Building Society. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I am just shy of a 10% deposit on my apartment purchase in Cheltenham , but I still want to go ahead. Do I have options?

You can agree a smaller deposit. Most property owners will accept a lower deposit or even no deposit for a first time buyer or 100% mortgage. Be aware though that if you fail to complete you will still need to hand over a minimum of 10% of the purchase price regardless of how much deposit was agreed.

You can also agree a simultaneous exchange and completion as no deposit is required for this however neither party will be tied in until completion actually takes place and it can be risky if sellers change their mind at the last second