My wife and I are buying a 1 bedroom flat in Windlesham with a mortgage. We would like to retain our Windlesham solicitor, but the bank says she’s not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Windlesham conveyancing practitioner as well as pay for one of their panel lawyers to act for them. This feels very unfair; are we not able to insist that the lender use our Windlesham property lawyer ?

Unfortunately,no. Your mortgage offer 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 Windlesham conveyancing lawyer to apply to be on the conveyancing panel.

Having sold my house in Windlesham last August yet the purchaser is whats apping me to say their lawyer needs to hear from mysolicitor. What should have happened now that I have sold?

Post completion of your house sale your solicitor is committed to deliver the transfer documentation and all additional paperwork to the purchaser's conveyancer. Depending on the transaction, your conveyancer must also confirm that the home loan has been discharged to the purchasers conveyancers. There are no post completion formalities peculiar conveyancing in Windlesham.

I happen to be the only beneficiary of my late grandmother’s estate and I have everything in my name now, including the house in Windlesham. The Windlesham property was put into my name in December. I now wish to sell up. I understand that there is a Mortgage Lenders six month 'rule', meaning my proprietorship will be treated the same way as if I'd bought the property in December. Is the property unsalable for six months?

The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. Some banks would take a pragmatic view as this obligation is chiefly there to identify subsales or the quick reselling of properties.

My husband and I have organised the release of further funds on our mortgage from HSBC as we wish to conduct improvements to our house in Windlesham. Do we need to appoint a bricks and mortar Windlesham solicitor on the HSBC conveyancing panel to handle the paperwork?

HSBC don't usually appoint firms on their approved list of lawyers 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 HSBC conveyancing panel.

My partner and I are in the process of viewing apartments in Windlesham and I am now considering a potential offer. Is it too early to have a solicitor in place? I will be getting a mortgage with Co-operative.

You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. Given that you are seeking a mortgage with Co-operative, ask your prospective lawyers if they are on the Co-operative conveyancing panel otherwise they can't do the mortgage legal work.

I need some quick conveyancing in Windlesham as I am under a deadline to sign on the dotted line in less than one month. A home loan is not required. Can I avoid the conveyancing searches to save money and time?

If.Given you are are a mortgage free buyer you are at liberty not to do searches although no conveyancer would advise that you don't. With lots of history conveyancing in Windlesham the following are examples of what can be revealed and therefore affect the marketability of the property: Refused Planning Applications, Overdue Charges, Outstanding Grants, Railway Schemes,...

I work for a long established estate agency in Windlesham where we have witnessed a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Windlesham conveyancing solicitors. Please can you clarify whether the vendor of a flat can instigate the lease extension process for the buyer?

As long as 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. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder 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.

Windlesham Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

The prefered form of lease arrangement is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the lessees enjoy being in charge if their destiny and notwithstanding that a managing agent is often employed where it is bigger than a house conversion, the managing agent is directed by the tenants. How much is the ground rent and service charge? How many of the leaseholders are in arrears for their maintenance charge payments?