I have just started taking steps with the aim of changing my current residential mortgage to a BTL Bank of Scotland mortgage. I have been informed by my broker that I require a lawyer for this. I got in contact with the same Dover conveyancing solicitor who acted on my behalf when I originally bought the premises. The fee calculation e-mailed to me of £470 has surprised me as I am not require purchase conveyancing - it’s simply a bog-standard refinance.

The quote is slightly on the steep side. If you you were to look around you might get the conveyancing a bit cheaper by as much as a hundred pounds. That being said, if you were content with the assistance the firm gave you maycome to regret opting for an a cheaper lawyer. Don't forget to be sure that the firm can also act for Bank of Scotland. You can use our search tool to find a Dover conveyancing firm on the Bank of Scotland approved list of lawyers, which can often include conveyancing solicitors in Dover.

Our solicitor has identified a a problem with the lease for the property we are purchasing in Dover. The other side have put forward defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer says that he must check that the mortgage company 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 mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 lawyer will have no choice but to discontinue acting for you.

Do I need to take out insurance to address the risk of chancel repairs when acquiring a house in Dover?

Unless a previous purchase of the property took place after 12 October 2013 you can take it that conveyancing practitioners handling conveyancing in Dover to remain recommending a chancel search and or chancel repair liability insurance.

Are there restrictive covenants that are commonly picked up during conveyancing in Dover?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Dover. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Jane (my partner) and I may need to sub-let our Dover ground floor flat temporarily due to a new job. We used a Dover conveyancing practice in 2001 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Your lease governs relations between the freeholder and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Dover do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Leasehold Conveyancing in Dover - Examples of Questions you should consider Prior to buying

Is there a share of the freehold? This question is helpful as a) areas could result in problems for the block as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the managing agents you will wish to know about it If a Dover lease has no more than 80 years it will have adverse implications on the salability of the flat. Check with your lender that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out what this would cost. Remember, in most cases you will be required to have been the owner of the property for 24 months in order to be legally able to extend the lease.