We are purchasing a 2 bedroom flat in Essex with a mortgage. We like our Essex lawyer, however the mortgage company advise he's not on their "panel". It appears that we have no option but to appoint one of the bank panel solicitors or continue with our Essex lawyer and pay for one of their panel lawyers to represent them. This seems very unfair; is there anything we can do?

No, not really. The mortgage offered to you 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. A further alternative is for your Essex conveyancing lawyer to apply to be on the conveyancing panel.

After reviewing mumsnet.com for a high-quality solicitor in Essex, most say that I should instruct a CQS kitemarked solicitor. What is CQS?

The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * compliance with prudent and efficient conveyancing procedures through the scheme protocol Membership includes many companies who conduct conveyancing in Essex.

If you had a top tip for selecting a conveyancing solicitor in Essex what would it be?

We would encourage you not to go for the cheapest Essex conveyancing fees. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of time.

What is the difference between a licensed conveyancer and conveyancing solicitor in Essex

There are many registered licenced Conveyancers in Essex and Solicitor practices in Essex offering conveyancing It is important to make clear that both are regulated professionals specialising in the legal aspects of transferring property. They may both also deal with other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.

The mortgage over my property is with Coventry BS for my property in Essex. Conveyancing was finalised a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Coventry BS?

You must advise Coventry BS in advance of letting out your property as this is likely to be a breach of Coventry BS’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Coventry BS directly. It should not be necessary to do this via a Coventry BS conveyancing panel firm.

My father-in-law has recommend that I use his conveyancing solicitors in Essex. Do I follow his guidance?

Much as we are happy to recommend a Essex conveyancing lawyer it’s preferable to find a conveyancing lawyer is to have guidance from friends or relatives who have actually used the conveyancer that you are contemplating using.

What makes a Essex lease unacceptable for security purposes?

Leasehold conveyancing in Essex is not unique. Most leases are unique and drafting errors can sometimes mean that certain clauses 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 building Clauses dealing with recovering service charges for expenditure on the building or common parts.

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, The Royal Bank of Scotland, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

Essex Conveyancing for Leasehold Flats - Examples of Queries before buying

Please tell me if there are any major works anticipated that will add a premium to the maintenance fees? Best to be warned whether changing the roof or some other significant cost is coming up that will be shared by the leasehold owners and may well dramatically increase the the maintenance charges or result in a specific invoice. Plenty Essex leasehold flats will be liable to pay a service bill for the upkeep of the building invoiced on behalf of the freeholder. Should you acquire the flat you will have to meet this charge, usually quarterly accross the year. This may be anything from two or three hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a exorbitant sum, say around £25-£75 but you need to check it because on occasion it can be surprisingly expensive.