I am getting a mortgage with Santander. I would like to use a Licensed Conveyancer in Mossley Hill. Does the Santander Conveyancing panel allow for Licensed Conveyancers?

The Santander approved solicitor list is, like many other lenders, associated to the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.

My partner and I are nearing an exchange on a property in Mossley Hill and my parents have sent the ten percent deposit to my property lawyer. I am now advised that as the deposit has not come from me my property lawyer needs to disclose this to my bank. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is not just from me. I disclosed to the bank concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to delay the deal?

Your conveyancer is obliged to clarify with the bank to ensure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only report this to your lender if you agree, failing which, your lawyer must cease to continue acting.

The estate agent has sent us the confirmation of our purchase of a new build flat in Mossley Hill. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Mossley Hill

There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

What makes a Mossley Hill lease unacceptable for security purposes?

Leasehold conveyancing in Mossley Hill is not unique. All leases are unique and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

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.

You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Skipton Building Society, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

Mossley Hill Conveyancing for Leasehold Flats - A selection of Queries before buying

The best form of lease arrangement is a share of the freehold. In this arrangement the leaseholders enjoy being in charge if their destiny and even though a managing agent is usually employed where it is larger than a house conversion, the managing agent employed by the leaseholders. You should be aware if it is less than 80 years it will affect the marketability of the flat. It is worth checking with your bank that they are willing to lend given the lease term. A short lease means that you will most likely require a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you will be required to have been the owner of the residence for a couple of years before you are eligible to extend the lease. Who are the managing agents?

My aunt purchased her house in Mossley Hill eight years ago. She has got married, divorced and has recently remarried. She intends to sell the property next moths. I believe she will just be requested to provide a copy of her marriage certificates to the conveyancer but she is concerned it could frustrate the sale of the property. Should she instruct a conveyancing practitioner to update the Land Registry details for the house?

It is not absolutely necessary to bring up to date the register on the basis that you have the evidence needed to demonstrate how the name change resulted.

The purchaser’s solicitor should examine the land registry details and need evidence by way of proof of the change of name for instance marriage documentation.