I am one month into the sale of my ground floor flat in St James and the estate agent has just called to warn that the buyers are switching law firm. The excuse is that the mortgage company will only engage with property lawyers on their conveyancing panel. Why would a major lender only engage with certain law firms rather the firm that they want to select to handle their conveyancing in St James ?

Lenders have always had panels of law firms they are content to work with, but in the last few years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.

Mortgage companies point to the increase in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms 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 buyers are not going to have any sway in the decision.

I am helping my mother sell her house in St James. Does the conveyancer order the EPC or it is for the seller to coordinate?

After the abolition of HIPs, energy performance certificates was maintained a mandatory part of moving property. An energy assessment needs to be to hand in advance of the property being marketed. It is not something that conveyancers ordinarily arrange. Where you are using a St James conveyancing lawyer they may be willing to arrange energy assessments due to their relationships with reputable St James energy assessors

Does a directory service exist listing RBS panel conveyancers in St James on the Building Society Association’s Website?

Unfortunately not yet. There is no such facility on the CML or Building Society Association sites. A small selection of lenders make their panel listings visible on the web. Where you are looking for a St James property lawyer on the RBS please use our tool.

is it true that all St James solicitors on the Yorkshire BS conveyancing panel are regulated by the SRA?

As a firm of solicitors, in order to be on the Yorkshire BS conveyancing panel they would need to be overseen by the SRA. Some banks do permit licenced conveyancers on their panel in which case such practice would be overseen by the Council of Licensed Conveyancers.

I purchased my house on 8 June and my personal details is yet to be registered. Any reason for this? My conveyancing solicitor in St James expressed confidence that it will be registered inside ten days. Are titles in St James uniquely lengthy to register?

There is nothing unique about conveyancing in St James registration formalities. As opposed to being determined by geographic area, timeframes can vary depending on the party submitting the application, whether there are errors and if the Land registry need to notify any third persons or bodies. Currently approximately three quarters of such applications are fully addressed within 12 days but occasionally there can be protracted hold-ups. Historically registration is effected after the buyer is living at the premises thus an expedited registration is not typically top priority yet if there is a degree of urgency associated with the registration then you or your lawyers could communicate with the Registry to express the reasoning for an expedited registration.

My husband and I are new to the buying process - agreed a price, yet the selling agent advised that the vendor will only move forward if we use their recommended solicitors as they are insisting on a ‘quick sale’. We would rather use a high street conveyancer with experience of conveyancing in St James

It is highly unlikely the sellers are driving this. If they desire ‘a quick sale', turning down a genuine purchaser is going to damage their objectives. Speak to the owners direct and make the point that (a)you are keen to buy (b)you are ready to progress, with finances arranged © you are unencumbered (d) you intend to proceed fast (e)however you will continue to use your own,trusted St James conveyancing firm - not the ones that will give their estate agent a commission or hit his conveyancing figures pre-set by corporate headquarters.

Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in St James. Can we issue an application to the Residential Property Tribunal Service?

Where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to calculate the price payable.

An example of a Lease Extension matter before the tribunal for a St James property is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired lease term was 56 years.

Are there common deficiencies that you witness in leases for St James properties?

Leasehold conveyancing in St James is not unique. Most leases are drafted differently and drafting errors can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

Insurance obligations

You will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Virgin Money, and Britannia all have express requirements 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 grant the mortgage, obliging the purchaser to withdraw.