My fiance and I are purchasing a newly converted apartment in Hitchin with a homeloan from Nationwide Building Society.We like our Hitchin conveyancing solicitor but Nationwide Building Society advised that his firm is not on their "panel". We have to appoint a Nationwide Building Society panel solicitor or retain our preferred solicitor and fork out for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?

No, not really. The home loan issued to you is subject to its various provisions, one of which will be that lawyers must be on the Nationwide Building Society conveyancing panel. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Nationwide Building Society

My partner and I have organised a further advance on our mortgage from Virgin Money as we wish to carry out alterations to our home in Hitchin. Are we obliged to choose a bricks and mortar Hitchin solicitor on the Virgin Money conveyancing panel to deal with the legals?

Virgin Money don't usually require a member of their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Virgin Money panel.

We expect to receive a AIP from Lloyds this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Lloyds recommend any Hitchin solicitors on the Lloyds conveyancing panel, or is it better to go independently?

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

I am selling my flat. I had a double glazing fitted in June 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, TSB are being problematic. The Hitchin solicitor who is on the TSB conveyancing panel is saying indemnity insurance will be fine but TSB are insisting on a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?

It is probably the case that TSB have referred the matter to their valuer. The reason why TSB 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.

Do commercial conveyancing searches reveal impending roadworks that may affect a commercial site in Hitchin?

Its becoming the norm that commercial conveyancing solicitors in Hitchin will carry out a SiteSolutions Highways report as it reduces the time that conveyancers spend in researching accurate data on highways that impact buildings and development assets in Hitchin. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Hitchin.

For each commercial conveyancing transaction in Hitchin it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Hitchin commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not ordered for residential conveyancing in Hitchin.

I need to retain a conveyancing solicitor for remortgage conveyancing in Hitchin. I happened to land on a web site which appears to be the perfect offering If it is possible to get all this stuff completed via phone that would be preferable. Do I need to be wary? What are the potential pitfalls?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

I work for a reputable estate agent office in Hitchin where we have witnessed a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received conflicting advice from local Hitchin conveyancing firms. Could you shed some light as to whether the seller of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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 buyer 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 needs to be completed prior to, or simultaneously with completion of the sale.

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 purchaser.

Leasehold Conveyancing in Hitchin - Sample of Queries Prior to Purchasing

In the main the outlay for major works tend not to be wrapped into the maintenance charges, albeit that there some managing agents in Hitchin require leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for major works. Does this lease have more than 85 years left? How much is the annual maintenance fee and ground rent?