My lawyer has uncovered a a problem with the lease for the flat we are purchasing in County Durham. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer has advised that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner 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 conveyancer will have no choice but to discontinue acting for you.

I have been told that property searches are the primary reason for delay in County Durham house deals. Is there any truth in this?

The Council of Property Search Organisations (CoPSO) published conclusions of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances in the conveyancing process. Searches are not likely to feature in any delay in conveyancing in County Durham.

Over the last few months I have been searching for a flat up to £245,000 and identified one near me in County Durham I like with amenity areas and railway links nearby, the downside is that it only has 61 years on the lease. There is not much else in County Durham suitable, so just wondered if I would be making a mistake buying a short lease?

If you need a mortgage the remaining unexpired lease term may be a potential deal breaker. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the property for a minimum of 2 years you can ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the current lease with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this.

How can the Landlord & Tenant Act 1954 impact my commercial premises in County Durham and how can you help?

The particular law that you refer to affords security of tenure to business tenants, granting the dueness to make a request to court for a renewal tenancy and remain in occupation at the end of the lease term. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in County Durham

What are your top tips when it comes to choosing a County Durham conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a County Durham conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non County Durham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be of use:

What volume of lease extensions have they completed in County Durham in the last twenty four months? How familiar is the firm with lease extension legislation?

County Durham Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

Is the freehold reversion owned collectively by the tenants? Does the lease contain onerous restrictions? Make sure you discover if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in in a block in County Durham. If you love the apartmentin County Durham however your cat can’t live with you then you have a very difficult choice.