I am five weeks into the sale of my flat in Benson and the EA has just called to advise that the purchasers are swapping law firm. The excuse is that the bank will only deal with solicitors on their conveyancing panel. On what basis would a leading mortgage company only deal with certain solicitors rather the firm that they want to appoint to handle their conveyancing in Benson ?

Lenders have always had an approved set of law firms they are willing to work with, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.

Lenders blame a rise in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any sway in the decision.

We are about to exchange buying a property in Benson but as a result of wreckage from some water damage at the property I have was able negotiate reparation from the current proprietors in the sum of £2k taking the form of a adjustment in the price. This was going to be dealt with as part of amending the contract but Nationwide will not permit this. Why were they involved?

The lawyer being on a Nationwide conveyancing panel is duty bound to advise Nationwide of any amendments to the purchase price. If you prohibit your solicitor to notify the price change to Nationwide then they would have to discontinue acting for you. In addition, Nationwide and you would have to appoint a new property lawyer for your conveyancing in Benson.

We are expecting a mortgage offer soon. The lender mentioned the loan came with free conveyancing. Does this mean I have to use their panel conveyancer as I would much rather appoint a Benson based conveyancing firm?

You should check but the the likelihood is that give you one of their panel conveyancers should you want the "fee-free" offer. Contact the bank and check if they offer you a cash alternative. In the past a few lenders offered a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor in Benson.

My wife and I buying a detached bungalow in Benson. The intention is to carry out a loft conversion at the property.Will legal investigations on the property include enquiries to determine if these works are prohibited?

Your property lawyer should check the deeds as conveyancing in Benson can on occasion identify restrictions in the title documents which restrict certain works or need the consent of a 3rd party. Some works require local authority planning consent and approval in accordance building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor ahead of any purchase.

I am buying a property in Benson. A rare aspect is that the roof has a solar panel. Santander have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that your lender is Santander your lawyer must check the conveyancing requirements outlined in Part 2 of UK Finance Lenders’ Handbook for Santander. The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Santander where a lease fails to satisfy these provisions. The requirements relate to the installation of panels on properties countrywide and is not limited to Benson.

I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a Benson lawyer on the Lloyds panel to remove the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Lloyds has sent the Land Registry the discharge electronically, and
3. Lloyds has instructed the Land Registry to do so

Just had an offer accepted on a new build apartment in Benson. 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 few leasehold new build questions that you should expect your new-build leasehold conveyancing in Benson

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. 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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.