I had intended to instruct a conveyancing solicitor in Blackheath for our house move. Our financial adviser informed us that our mortgage lenders Chelsea Building Society won't deal with them. Why is this not regarded as unfair competition?

Mortgage Companies in the main restrict either the type or the number of conveyancing solicitors on their panel. A common example of such criteria being that a law practice must not be a sole practitioner. As well as restricting the type of firm, a few banks have decided to limit the amount of firms they use to represent them. Be aware that Chelsea Building Society have no responsibility for the quality of advice provided by any member of Chelsea Building Society Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of solicitor panels a few years ago even though there are differing opinions regarding the level of solicitor engagement in some of that fraud. Data from the Land Registry indicate that hundreds of law firms, including some in or near Blackheath only perform one or two conveyances a year.

We are buying a house in Blackheath. It might be a silly question but how we can trust a lawyer? At some point we will need to send funds into their account. What protection do we have from them run away with our money?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

is it true that all Blackheath conveyancing solicitors on the HSBC conveyancing panel are overseen by the Solicitors Regulatory Authority?

As solicitors, in order to be on the HSBC approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. The majority of banks do allow licenced conveyancers on their panel in which case such firms would be governed by the Council of Licensed Conveyancers.

My wife and I are in the process of viewing apartments in Blackheath and I am about to put in an offer. Is it sensible to have my conveyancing practitioner on ‘stand by’? I am planning to take a mortgage with Leeds Building Society.

It would be advisable to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are getting a mortgage with Leeds Building Society, ask your prospective lawyers if they are on the Leeds Building Society conveyancing panel otherwise they can't do the mortgage legal work.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Blackheath. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Blackheath

Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are surveyor prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

I am looking for a ground for flat up to £235,500 and found one close by in Blackheath I like with amenity areas and transport links in the vicinity, however it's only got 52 remaining years left on the lease. There is not much else in Blackheath for this price, so just wondered if I would be making a grave error purchasing a short lease?

Should you require a mortgage that many years will be an issue. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for at least twenty four months you can request that they start the process of the extension 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 solicitor about this.

After months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Blackheath. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most definitely. We can put you in touch with a Blackheath conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Blackheath residence is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case was in relation to 2 flats. The number of years remaining on the existing lease(s) was 72 years.

What makes a Blackheath lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Blackheath. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

Maintenance charge proportions which don’t add up to the correct percentage Clauses dealing with recovering service charges for expenditure on the building or common parts.

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Skipton Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.