Me and my fiance are buying a 1 bedroom flat in Kingston Park with a mortgage. We wish to retain our Kingston Park lawyer, but the bank advise he's not on their "panel". We have to appoint one of the lender panel firms or retain our Kingston Park lawyer and pay for one of their panel ones to act for them. This seems very unfair; are we not able to demand that the bank use our Kingston Park conveyancing practitioner ?

No, not really. Your mortgage offer 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 Kingston Park conveyancing solicitor to apply to be on the conveyancing panel.

I am the registered owner of a freehold house in Kingston Park but still invoiced for rent, why is this and what is this?

It is rare for properties in Kingston Park and has limited impact for conveyancing in Kingston Park but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.

How does conveyancing in Kingston Park differ for newly converted properties?

Most buyers of new build or newly converted property in Kingston Park approach us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because developers in Kingston Park typically purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Kingston Park or who has acted in the same development.

I opted to have a survey done on a property in Kingston Park ahead of retaining solicitors. I have been advised that there is a flying freehold element to the property. Our surveyor advised that some lenders will not grant a mortgage on such a home.

It varies from the lender to lender. HSBC has different instructions from Halifax. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Kingston Park. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Kingston Park to see if the conveyancing costs will increase in light of this.

Can you provide any advice for leasehold conveyancing in Kingston Park from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Kingston Park can be reduced if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unsettled. A minority of Kingston Park leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers. The majority of freeholders or managing agents in Kingston Park levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Kingston Park.

I inherited a studio flat in Kingston Park, conveyancing formalities finalised July 1996. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Kingston Park with an extended lease are worth £180,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease expires on 21st October 2084

With only 59 years left to run we estimate the premium for your lease extension to span between £20,900 and £24,200 plus professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more comprehensive due diligence. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.