My partner and I are buying a brand new duplex in Shirley and my lawyer is advising me that she is duty bound to the mortgage company to reveal incentives from the builder. The Estate Agents are hassling me to exchange and I would rather not delay deal. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

Having sold my house in Shirley last June yet the purchaser is whats apping every few hours to say their conveyancer needs to hear from mine. What are the post completion sale legalities following completion?

Following your house sale your lawyer is duty bound to forward the transfer documentation and all of the paperwork to the purchaser's solicitors. Where relevant, your lawyer must also evidence that the mortgage has been repaid to the purchasers lawyers. There is unlikely to be post completion formalities specific conveyancing in Shirley.

I opted to have a survey completed on a house in Shirley in advance of instructing lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor has said that some lenders will refuse to issue a mortgage on this type of property.

It varies from the lender to lender. Lloyds has different instructions from Halifax. Should you wish to call us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Shirley. Conveyancing will be smoother if you use a solicitor in Shirley especially if they are familiar with such properties in Shirley.

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

The particular law that you refer to affords security of tenure to business lessees, giving them the a statutory right to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Shirley

I only have 68 years left on my lease in Shirley. I need to get lease extension but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to find the lessor. In some cases an enquiry agent should be useful to try and locate and prepare an expert document which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Shirley.

I own a ground-floor 1950’s flat in Shirley. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

if there is a missing freeholder or where there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to assess the price.

An example of a Freehold Enfranchisement matter before the tribunal for a Shirley premises is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case related to 4 flats. The unexpired lease term was 98 years.