My wife and I are purchasing a 2 bedroom apartment in Woodlands with a mortgage. We wish to retain our Woodlands lawyer, but the mortgage company advise he's not on their "panel". It appears that we have no option but to appoint one of the mortgage company panel conveyancing practices or retain our Woodlands conveyancer as well as pay for one of their panel firms to represent them. We regard this is inequitable; is there anything we can do?

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 Woodlands conveyancing lawyer to apply to be on the conveyancing panel.

Can you explain why leasehold purchase conveyancing in Woodlands costs more?

In short, leasehold conveyancing in Woodlands and elsewhere usually warrants additional work compared to freehold transactions. This includes lease investigation, corresponding with the landlord concerning serving required notices, procuring current service charge and management information, obtaining the landlord’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first granted.

I am helping my mother sell her property in Woodlands. Will the conveyancer commission the energy assessment or should I organise this?

Following the demise of HIPs, EPC’s was maintained a compulsory element of selling a house. An energy assessment should be to hand before the property is marketed. This is not a task that lawyers ordinarily arrange. If you are instructing a Woodlands conveyancing practitioner they may be willing to arrange energy performance certificates given their contacts with long established local accredited person

I'm at the point of looking at flats in Woodlands and I am now considering a potential offer. Should I already have a conveyancing practitioner in place at this stage? I am planning to take a home loan with Yorkshire BS.

You should start requesting conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the EA. Given that you are taking out a mortgage with Yorkshire BS, ask your prospective lawyers if they are on the Yorkshire BS conveyancing panel otherwise they can't do the mortgage legal work.

TSB have agreed my home loan in principle, my bid on a property in Woodlands has been accepted, what are the next steps?

The property agent will want to know who your solicitors are (make sure the conveyancing practitioners are on the bank’s approved list). Contact TSB or the financial adviser and complete any outstanding documentation. TSB will instruct a valuer who will get in touch with the estate agent or seller to arrange an appointment. Once carried out (assuming no problems) it takes on average a week to get a mortgage offer. TSB will issue the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Woodlands.

Will my conveyancer be asking questions regarding flooding as part of the conveyancing in Woodlands.

The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Woodlands. Plenty of people will acquire a house in Woodlands, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, however there are a various searches that can be undertaken by the purchaser or by their solicitors which can figure out the risks in Woodlands. The standard completed inquiry forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the vendor to find out if the property has suffered from flooding. If the residence has been flooded in past which is not revealed by the owner, then a buyer could commence a claim for damages stemming from an incorrect reply. A purchaser’s lawyers will also commission an environmental search. This should disclose whether there is a recorded flood risk. If so, additional investigations should be made.

I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Woodlands. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Woodlands are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Woodlands in which case you should be looking for a Woodlands conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.

I am the proprietor of a ground floor flat in Woodlands. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the amount payable for a lease extension?

if there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to make a decision on the price payable.

An example of a Lease Extension matter before the tribunal for a Woodlands residence is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case related to 1 flat. The number of years remaining on the existing lease(s) was 60.45 years.