Our conveyancer has discovered a a legal deficiency with the lease for the property we are purchasing in Duffield. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer has advised that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?

Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. The appropriate lender specifications have to be complied with.

I know that there are debates on Chancel Insurance on online forums. Am I compelled to have this when buying a property in Duffield? or Apparently there is an ancient law that could mean that owners of property residing in a parish church boundary will be compelled to pay for repairs to the chancel in proximity to the church. Is this a legitimate concern for conveyancing in Duffield?

Unless a prior purchase of the premises completed after 12 October 2013 you could take it that lawyers carrying out conveyancing in Duffield to continue to propose a a chancel search and or insurance against a claim.

The deeds to our house can not be found. The lawyers who did the conveyancing in Duffield 4 years ago have long since closed. What are my options?

In today’s world there are copies made of almost everything, and your conveyancer should be aware exactly where to find all the appropriate paperwork so you may buy or sell your house without any difficulty. If copies can’t be located, your conveyancer can arrange cover in the form of insurance or indemnities against possible claims on the premises.

I am employed by a reputable estate agency in Duffield where we have witnessed a few flat sales put at risk due to short leases. I have been given conflicting advice from local Duffield conveyancing firms. Can you clarify whether the owner of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Duffield Leasehold Conveyancing - Sample of Queries Prior to Purchasing

It is important to be aware whether window replacement or some other significant cost is due in the foreseeable future that will be shared by the tenants and will dramatically impact the level of the service costs or necessitate a specific payment. What is the service charge and ground rent on the property? The answer will be helpful as a) areas may result in problems in the block as the common areas may begin to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will want to know about it

I have instructed a Duffield conveyancing solicitor for our house purchase (FTB’s) and have noticed in the Ts and Cs that they are not regulated by the Financial Conduct Authority. Should I be worried or is that standard with property lawyer?

We can't see why they should be. Most conveyancer don't lend money. They should be governed by the Solicitors Regulation Authority, who have specific rules in relation to amounts sitting by them.