I am assisting my mother sell her house in Derbyshire. Does the conveyancing solicitor arrange an energy assessment or do I organise this?

After the demise of HIPs, energy assessments became a mandatory element of selling a house. An EPC should be to hand prior to the property being put on the market. This is not something that lawyers normally organise. If you are using a Derbyshire conveyancing solicitor they may be able to arrange energy performance certificates given their contacts with reputable Derbyshire accredited person

We expect to receive a DIP from Barclays this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Barclays recommend any Derbyshire solicitors on the Barclays conveyancing panel, or is it better to go independently?

You will need to appoint Derbyshire solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.

I am selling my house. I had a double glazing fitted in June 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Virgin Money are being problematic. The Derbyshire 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.

I appreciate that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when buying a property in Derbyshire? or Apparently there is historic law that could mean that homeowners living in a parish church boundary will be compelled to contribute towards maintenance towards the chancel in proximity to the church. Is this relevant for conveyancing in Derbyshire?

Unless a previous purchase of the property completed post 12 October 2013 you can take it that solicitors handling conveyancing in Derbyshire to continue to propose a a chancel search and or insurance against a claim.

I used Action Conveyancing a few years ago for my conveyancing in Derbyshire. I now require my papers however cannot find the solicitor. What do I do?

You should contact 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 Derbyshire of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I have been pointed in your direction by a couple of local selling agents in Derbyshire to locate a solicitor using your seach tool. Is there a financial upside for Estate Agents to market your site rather than a competitor’s?

We refuse to give any commission for sending work in our direction. We thought it would be too underhand to pay a commission because members of the public would think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £450,000 apartment in Derbyshire in nine days. The landlords agents has quoted £348 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Derbyshire?

Derbyshire conveyancing on leasehold flats usually involves the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to respond to such questions the majority will be content to assist. They are at liberty to invoice a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some transactions it exceeds £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in relation to administration fees, without which the invoice is not strictly payable. Reality however dictates that one has little option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

Derbyshire Leasehold Conveyancing - Sample of Queries before Purchasing

Who is in charge of the block? For many Derbyshire leaseholds the cost for major works are not included within service charges, albeit that some managing agents in Derbyshire obliged leaseholders to pay into a reserve fund created for the specific intention of establishing a fund for larger repairs or maintenance. Are any of leasehold owners in dispute over their service charge payments?