My solicitor has identified a defect with the lease for the apartment we are buying in Brynmill. The other side have put forward defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer says that he must check that the bank is happy with this solution. Are we the client or is the bank?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.

I used Action Conveyancing several years ago for my conveyancing in Brynmill. Now, I need the documents but the law firm is no longer operating. What do I do?

Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Brynmill of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

My father-in-law has recommend that I appoint his conveyancers in Brynmill. Should I find my own conveyancer?

Much as we are happy to recommend a Brynmill conveyancing lawyer it’s preferable to choose a conveyancing practitioner is to have recommendations from friends or relatives who have used the conveyancer that you are are thinking of instructing.

Last May I purchased a leasehold property in Brynmill. Do I have any liability for service charges for periods before my ownership?

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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

Brynmill Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

Is there a share of the freehold? Generally speaking the cost for major works tend not to be included within maintenance charges, although there some managing agents in Brynmill obliged leasehold owners to contribute towards a sinking fund and this is used to offset against major works. What is the name of the managing agents?

At what point do I cover the costs of stamp duty chargeable for my Brynmill flat purchase?

Most property lawyers will complete a stamp duty return for you as part of your Brynmill purchase transaction for you to sign. After completion your conveyancer will submit your Land Transaction Return Form to the Tax Authorities and - assuming they have the funds - settle any Stamp Duty due on your behalf.