I am progressing with the sale of my flat in Ludlow and the EA has just telephoned to advise that the buyers are appointing a new conveyancer. I am told that this is due to the fact that the bank will only work with property lawyers on their approved list. On what basis would a major lender only deal with specific solicitors rather the firm that they want to choose for their conveyancing in Ludlow ?

Mortgage companies have always had panels of law firms that can represent them, but in the last few years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.

Banks blame a rise in fraud as the reason for the reduction – criteria have been stiffened as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says 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. The purchasers are unlikely to have any sway in the decision.

Are there restrictive covenants that are commonly picked up during conveyancing in Ludlow?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Ludlow. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

In what way does the Landlord & Tenant Act 1954 impact my commercial property in Ludlow and how can you help?

The particular law that you refer to affords protection to business lessees, giving them the right to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Ludlow is one of the numerous locations in which our lawyers are based

As co-executor for the estate of my aunt I am selling a property in Swansea but live in Ludlow. My conveyancer (approximately 250 miles awayrequires that I execute a statutory declaration before completion. Can you recommend a conveyancing solicitor in Ludlow to attest and place their company stamp on the document?

Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are based in Ludlow

I work for a long established estate agent office in Ludlow where we have experienced a few leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Ludlow conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Ludlow Leasehold Conveyancing - A selection of Queries Prior to buying

How long is the Lease? It would be sensible to discover as much as you can concerning the managing agents as they will either make life much easier or uncomfortable. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the upkeep of the communal areas. Ask prospective neighbours if they are happy with their service. Finally, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money.