My partner and I are getting closer to an exchange on a property in West Smithfield and my parents have transferred the 10% deposit to my lawyer. I am now informed that as the deposit has been sent from someone other than me my lawyer needs to disclose this to my bank. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the bank concerning my parents' contribution when I applied for the home loan, so is it really necessary for this now to be an issue?

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

I used Action Conveyancing several years past for my conveyancing in West Smithfield. Now, I need my files however the law firm has closed. What do I do?

You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in West Smithfield of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I'm buying a new build house in West Smithfield with a mortgage from Godiva Mortgages Ltd. The developers refused to reduce the amount so I negotiated 6k of extras instead. The sale representative told me not inform my lawyer about the side-deal as it would affect my mortgage with the lender. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Due to the guidance of my in-laws I had a survey completed on a house in West Smithfield in advance of retaining solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor advised that some banks tend refuse to give a mortgage on such a premises.

It depends who your proposed lender is. Santander has different requirements from Halifax. Should you wish to call us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in West Smithfield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in West Smithfield to see if the conveyancing costs will increase in light of this.

I work for a reputable estate agency in West Smithfield where we have experienced a number of leasehold sales put at risk as a result of short leases. I have received inconsistent advice from local West Smithfield conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can instigate the lease extension process 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 start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 purchaser.

I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a West Smithfield conveyancing firm to assist?

You certainly can. We can put you in touch with a West Smithfield conveyancing firm who can help.

An example of a Lease Extension decision for a West Smithfield flat is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The remaining number of years on the lease was 66.8 years.