I am need of leasehold conveyancing for an apartment in a fairly new development (five years built) in Holsworthy. The vast majority the appartments have already been sold. Is it really necessary to order conveyancing searches for my conveyancing in Holsworthy?

If you getting a mortgage, your lender will require some (many) of the searches so you'll have no choice. If not, then Holsworthy conveyancing searches are optional. No doubt your conveyancer, will ’encourage’, perhaps in the strongest possible terms, that you should not go ahead without searches, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you insist that your lawyer to proceed without searches then your lawyer will have to follow your instructions or it may be necessary to find a new lawyer for your conveyancing in Holsworthy.

We are getting a further advance on our mortgage from Leeds Building Society as we wish to conduct improvements to our property in Holsworthy. Are we obliged to select a bricks and mortar Holsworthy solicitor on the Leeds Building Society conveyancing panel to handle the paperwork?

Leeds Building Society don't usually instruct a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Leeds Building Society list.

I have a mortgage with UBS for my property in Holsworthy. Conveyancing has been completed months ago. Should I wish 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 UBS?

UBS must be informed of your intention before letting out your property as this is likely to be a breach of UBS’s mortgage conditions. It may be that UBS will permit you to let 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 UBS directly. You need not do this via a UBS conveyancing panel firm.

I am selling my apartment. I had a double glazing fitted in May 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, TSB are being pedantic. The Holsworthy solicitor who is on the TSB conveyancing panel is saying indemnity insurance will be fine but TSB are insisting on a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?

It is probably the case that TSB have referred the matter to their valuer. The reason why TSB may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Will our conveyancer be raising questions regarding flooding as part of the conveyancing in Holsworthy.

Flooding is a growing risk for conveyancers dealing with homes in Holsworthy. There are those who acquire a house in Holsworthy, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.

Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that may be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Holsworthy. The conventional set of property information forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to find out if the property has historically flooded. In the event that flooding has previously occurred which is not revealed by the seller, then a buyer may issue a claim for damages resulting from an inaccurate answer. The purchaser’s solicitors should also commission an enviro report. This should higlight if there is any known flood risk. If so, more detailed inquiries should be carried out.

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