is it true that all South East London solicitors on the Clydesdale conveyancing panel are regulated by the SRA?

As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some lenders do permit licenced conveyancers on their panel in which case such practice would be overseen by the CLC.

My wife and I have organised the release of further funds on our home loan from Virgin Money as we want to carry out alterations to our property in South East London. Are we obliged to appoint a bricks and mortar South East London solicitor on the Virgin Money conveyancing panel to deal with the legals?

Virgin Money don't usually require a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Virgin Money conveyancing panel.

I am selling my house. I had a double glazing fitted in August 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, RBS are being problematic. The South East London solicitor who is on the RBS conveyancing panel is recommending indemnity insurance as a solution but RBS are requiring a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?

It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Will my solicitor be raising enquiries about flooding as part of the conveyancing in South East London.

The risk of flooding is if increasing concern for solicitors dealing with homes in South East London. Some people will purchase a property in South East London, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.

Lawyers are not best placed to give advice on flood risk, however there are a various checks that can be undertaken by the buyer or by their lawyers which should figure out the risks in South East London. The standard property information forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard question of the seller to discover whether the premises has ever been flooded. In the event that the property has been flooded in past which is not revealed by the vendor, then a buyer could commence a claim for damages as a result of such an incorrect reply. The purchaser’s lawyers should also commission an environmental report. This should disclose whether there is any known flood risk. If so, more detailed inquiries should be carried out.

I am buying a new build apartment in South East London. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in South East London

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. There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision.

I decided to have a survey completed on a property in South East London prior to instructing lawyers. I have been told that there is a flying freehold overhang to the house. My surveyor advised that some banks will refuse to give a loan on such a premises.

It varies from the lender to lender. HSBC has different requirements for example to Halifax. If you e-mail us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in South East London. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in South East London to see if the conveyancing will be more expensive.

We expect to complete the disposal of our £350,000 garden flat in South East London next week. The landlords agents has quoted £360 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in South East London?

South East London conveyancing on leasehold maisonettes more often than not requires the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to assist. They are at liberty to invoice a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, without which the charge is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to complete the sale of your home.

I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a South East London conveyancing firm to act on my behalf?

Absolutely. We can put you in touch with a South East London conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a South East London premises is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case affected 1 flat. The number of years remaining on the existing lease(s) was 73.26 years.