I have just been advised by my estate agent that my Newcastle under Lyme solicitor is not on the mortgage company Conveyancing panel. What can I do to be certain whether this is indeed the case?

The first thing you need to do is to contact your Newcastle under Lyme conveyancer. It is reasonable to expect your lawyer to notify you what has happened. Where they are not on the panel they may recommend you to a Newcastle under Lyme conveyancing practice that is on the conveyancing panel for your bank.

I know that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when purchasing a house in Newcastle under Lyme? or I am told that there is a law dating back centuries that could mean that house owners living in a parish church boundary will be compelled to pay for repairs towards the chancel in proximity to the church. Is this applicable for conveyancing in Newcastle under Lyme?

Unless a prior purchase of the premises took place after 12 October 2013 you could assume that conveyancing practitioners carrying out conveyancing in Newcastle under Lyme to continue to advocate a chancel search and or chancel repair liability insurance.

I am buying a new build apartment in Newcastle under Lyme. 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 are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Newcastle under Lyme

There must be mutual enforceability of lessee’s covenants. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

Last August I purchased a leasehold flat in Newcastle under Lyme. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Newcastle under Lyme Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

Its a good idea to find out as much as possible regarding the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the communal areas. You should not be afraid to ask other tenants if they are happy with them. On a final note, find out the dates that the maintenance charges are due to the relevant party and precisely how they are spending the funds. Does this lease have in excess of 80 years left? The best form of lease arrangement is a share of the freehold. In this arrangement the leaseholders benefit from being in charge if their destiny and although a managing agent is often employed if it is larger than a house conversion, the managing agent retained by the leaseholders.

We have an offer in principle from The Royal Bank of Scotland who said we could borrow up to £218k. At what point do we need to appoint a lawyer for conveyancing? Newcastle under Lyme is where we plan to move to.

It would be wise to instruct a solicitor now so that the solicitor can open the ledger so they can conduct the AML checks etc. If and when you wish them to commence work you will be asked for a deposit usually approximately £200. That would generally be once you have the loan offer from the bank and survey results, but if you want to expedite matters you can get going sooner even though you may be risking some expense.