I am progressing with the sale of my home in Kelvedon and the EA has just text me to warn that the buyers are swapping law firm. I am told that this is due to the fact that the bank will only engage with solicitors on their conveyancing panel. On what basis would a big named mortgage company only engage with specific lawyers rather the firm that they want to choose for their conveyancing in Kelvedon ?

UK lenders have always had panels of law firms they are content to work with, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for over 25 years.

Banks point to the increase in fraud by way of justification for the pruning – criteria have been stiffened as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any impact on this.

We were going to get a AIP from Leeds Building Society this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Leeds Building Society recommend any Kelvedon solicitors on the Leeds Building Society conveyancing panel, or is it better to go independently?

You will need to appoint Kelvedon solicitors independently although you'll need to choose one on the Leeds Building Society conveyancing panel. The solicitor represents both you and Leeds Building Society through the process.

I had an offer accepted on a house in Kelvedon on 6/12/2024, valuation was booked 3 days later, all came back fine. Property lawyer instructed, so the only thing outstanding was my mortgage offer. Having made daily calls to Bank of Ireland and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Bank of Ireland conveyancing panel. Are Bank of Ireland entitled to hold back the Mortgage pending the lawyer being on the approved list?

A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Bank of Ireland to deal with your lawyer's application to be on the Bank of Ireland conveyancing panel. There's no guarantee that your solicitor will be accepted.

Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Kelvedon solicitor - who is on the Nottingham conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?

Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Kelvedon postcode. As you are getting a mortgage with Nottingham, you could contact them to see if they have a list of approved surveyors in Kelvedon.

My brother has recommend that I use his conveyancing solicitors in Kelvedon. Do I follow his advice?

No doubt the best way to find a conveyancing lawyer is to get recommendations from friends or relatives who have actually used the solicitor you're are thinking of instructing.

Last September I purchased a leasehold property in Kelvedon. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Kelvedon Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

How many years are left on the lease? Is anyone aware of any major works in the near future that will add a premium to the maintenance costs? It is important to be aware whether changing the roof or some other significant cost is coming up that will be shared between the tenants and will materially increase the the maintenance fees or require a specific payment.

Is there a reason that Kelvedon conveyancing costs differ for leasehold and freehold properties?

If purchasing a leasehold property there is more work involved purely due to the fact that usually there are further parties involved in the form of the freeholder and/or Management Agents. As part of a lawyers enquiries they will check that all ground rent and service charges are paid up to date amongst other general leasehold matters. For this reason, the Sellers lawyers usually have to refer to the freeholder or Managing Agent for their replies to our questions. This may be time consuming and beyond the lawyers control