We are purchasing a 3 bedroom apartment in Windermere with a mortgage. We like our Windermere solicitor, however the mortgage company says he's not on their "panel". It appears that we have no option but to use one of the lender panel solicitors or retain our Windermere conveyancing practitioner as well as pay for one of their panel firms to represent them. We consider that this is inequitable; is there anything we can do?

Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Windermere conveyancing solicitor to apply to be on the conveyancing panel.

If you had a top tip for choosing a conveyancing solicitor in Windermere what would it be?

Do not opt for the cheapest Windermere conveyancing costs illustration. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.

I am due to exchange contracts on my apartment. I had a double glazing fitted in May 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, HSBC are being pedantic. The Windermere solicitor who is on the HSBC conveyancing panel is saying indemnity insurance will be fine but HSBC are requiring a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?

It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC 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.

I have instructed a Windermere lawyer having checked that they are on the Aldermore conveyancing panel. Does my lawyer arrange the survey of the property?

Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Windermere postcode. As you are getting a mortgage with Aldermore, you could contact them to see if they have a list of approved surveyors in Windermere.

I have been on the look out for a ground for flat up to £305k and found one close by in Windermere I like with a park and railway links in the vicinity, the downside is that it only has 61 years unexpired on the lease. I can't really find anything else in Windermere for this price, so just wondered if I would be making a grave error buying a short lease?

Should you require a home loan the remaining unexpired lease term will likely be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for a minimum of 2 years you can request that they commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this.

There are only Sixty One years unexpired on my flat in Windermere. I now want 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 submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the lessor. For most situations an enquiry agent would be useful to try and locate and to produce an expert document to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Windermere.

Windermere Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

It would be prudent to find out as much as possible regarding the company managing the building as they will either make life much easier or a lot more difficult. As the proprietor of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to daily issues like the tidiness of the common parts. Enquire of other people whether they are happy with their service. In conclusion, find out the dates that the maintenance charges are due to the managing agents and precisely what it includes. This question is important as a) areas could result in problems for the building as the communal areas may begin to deteriorate where repairs remain unpaid b) if the tenants have an issue with the managing agents you will need to have full disclosure

I need to assess costs for conveyancing in Windermere from various conveyancer and decide on one. Do I instruct them to sit tight until I have found somewhere to purchase.

We suggest that you wait to request your conveyancing practitioner to open a file and submit searches after the sales memo has been issued by the estate agent especially as Windermere conveyancing searches are not inexpensive.