I am getting a mortgage offer from Santander. I hope to employ the services of a Licensed Conveyancer in Garforth. Does the Santander Solicitor panel include Licensed Conveyancers?

The Santander approved solicitor list is, like many other lenders, associated to the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.

I have been told that property searches are the number one cause of obstruction in Garforth house deals. Is this right?

The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not feature within the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to feature in any slowing down conveyancing in Garforth.

I've recently found out that there is a flying freehold element on a house I have offered on two weeks back in what should have been a simple, chain free conveyancing. Garforth is where the house is located. Can you shed any light on this issue?

Flying freeholds in Garforth are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Garforth you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Garforth may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

I am a negotiator for a reputable estate agent office in Garforth where we see a few leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Garforth conveyancing solicitors. Could you confirm whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.

Garforth Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

Is anyone aware of any major works in the near future that will add a premium to the service costs? Does the lease have more than 82 years remaining? What is the name of the managing agents?

My partner and I are purchasing a garden flat in Garforth. At the point of instructing our solicitor, they assured us that they were on all mainstream bank panels. The mortgage broker called yesterday to advise that they are not on the TSB approved list. Should that be true, what should we do? Do we just choose a new conveyancer that is on their approved list or should we pay for dual representation, with TSB selecting their own approved property lawyer.

If you are acquiring a property with the assistance of a mortgage it is conventional for the buyer’s solicitors to also represent the mortgage company. In order to act for a bank or building society a lawyer has to be on that lender's conveyancing panel. An application has to be made by the property lawyer to the lender to become a member of the lender's panel and there are increasingly strict conditions which the conveyancer has to meet. Some building societies now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact TSB to find out if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on TSB's conveyancing panel as you are at liberty to use your preferred Garforth lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.