My wife and I are purchasing a newly built apartment in Clerkenwell and my solicitor is informing me that she is duty bound to the lender to disclose incentives from the developer. I am under pressure to exchange and my preference is not to delay deal. Is my lawyer right?

You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

I had intended to instruct a conveyancing solicitor in Clerkenwell for our house move. Our broker has since notified us that our bank Britannia won't deal with them. Surely this is unduly restrictive?

Before the recession most mortgage companies had a different appetite for risk. Almost all Clerkenwell conveyancing firms would have been on many bank panels. The FSA in 2010 completed a thematic review into mortgage fraud which come to the conclusion: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, lenders are increasingly seeing more data from law firms regarding their operations and their employees and establishing certain criteria such a completing on a minimum number of conveyancing. Many Clerkenwell conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Clerkenwell is amongst the thousands of areas where the solicitors we list are are approved Britannia.

What is your number one tip for choosing a conveyancing solicitor in Clerkenwell

It would be unwise to be seduced by the lowest Clerkenwell conveyancing costs illustration. You really do get what you’re paying 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 go into the conveyancing with your eyes wide open.

I am helping my aunt sell her house in Clerkenwell. Does the conveyancer order an energy assessment or it is for the seller to coordinate?

After the abolition of Home Packs, EPC’s was left as a mandatory element of selling a property. An EPC must be to hand prior to the property being marketed. It is not a task that lawyers normally organise. If you are instructing a Clerkenwell conveyancing solicitor they may help arrange energy performance certificates due to their contacts with long established Clerkenwell providers

I am currently in the process of buying my council flat in Clerkenwell. I have a mortgage offer with Santander. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Santander, you will need to appoint a solicitor on the Santander conveyancing panel.

Are there restrictive covenants that are commonly identified during conveyancing in Clerkenwell?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Clerkenwell. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I am buying a new build flat in Clerkenwell. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Clerkenwell

Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.