Me and my fiance are intending to purchase a 3 bedroom apartment in Middlesbrough with a mortgage. We would like to retain our Middlesbrough solicitor, but the lender advise he's not on their "panel". It appears that we have little choice but to use one of the lender panel solicitors or keep our Middlesbrough conveyancer as well as pay for one of their panel lawyers to act for them. We feel that this is unjust; can we not require that the lender use our Middlesbrough conveyancing practitioner ?

Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. Another option that might be available is for your Middlesbrough conveyancing lawyer to apply to be on the conveyancing panel.

is it true that all Middlesbrough solicitors on the Clydesdale conveyancing panel are overseen by the SRA?

As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. The majority of banks do permit licenced conveyancers on their panel and in such a situation the organisation would be overseen by the Council of Licensed Conveyancers.

The mortgage over my property is with Principality for my property in Middlesbrough. Conveyancing was finalised some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Principality?

Principality must be informed of your intention before renting your property as this is likely to be a breach of Principality’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Principality directly. It should not be necessary to do this via a Principality conveyancing panel solicitor.

I am due to exchange contracts on my flat. I had a double glazing fitted in February 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Virgin Money are being difficult. The Middlesbrough solicitor who is on the Virgin Money conveyancing panel is recommending indemnity insurance as a solution but Virgin Money are insisting on a building regulation certificate. Why do Virgin Money have a conveyancing panel if they don't accept advice from them?

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

Will my lawyer be raising enquiries about flooding as part of the conveyancing in Middlesbrough.

Flooding is a growing risk for solicitors conducting conveyancing in Middlesbrough. Some people will purchase a house in Middlesbrough, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to offer advice on flood risk, however there are a various checks that can be carried out by the buyer or on a buyer’s behalf which can figure out the risks in Middlesbrough. The standard completed inquiry forms sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the vendor to determine if the premises has ever been flooded. In the event that flooding has previously occurred which is not notified by the seller, then a buyer may commence a legal claim for losses resulting from an incorrect response. The purchaser’s solicitors may also commission an environmental report. This will reveal whether there is any known flood risk. If so, more detailed inquiries should be made.

I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, chain free conveyancing. Middlesbrough is where the house is located. Is there any advice you can impart?

Flying freeholds in Middlesbrough are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Middlesbrough you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Middlesbrough may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

I am a negotiator for a reputable estate agent office in Middlesbrough where we have experienced a number of flat sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Middlesbrough conveyancing solicitors. Can you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

I am the registered owner of a 2 bed flat in Middlesbrough, conveyancing formalities finalised May 2006. Can you give me give me an indication of the likely cost of a lease extension? Equivalent flats in Middlesbrough with an extended lease are worth £260,000. The ground rent is £45 charged once a year. The lease ends on 21st October 2100

With just 74 years left to run we estimate the price of your lease extension to span between £8,600 and £9,800 plus professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.