My fiance and I are refinancing our maisonette in Kearsley with TSB. We have a son 19 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the TSB conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?

First, rest assured that your TSB conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to TSB. This is solely used to protect TSB if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of TSB had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

I am told that my conveyancing solicitors will need to check that the building insurance for my purchase of a house in Kearsley. My lender is Virgin

Virgin have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 22/7/2025, the requirements read as follows :

I am assisting my niece sell her flat in Kearsley. Does the conveyancing solicitor commission an energy performance certificate or it is for the seller to see to?

After the demise of HIPs, energy assessments was left as a compulsory element of selling a house. An EPC should be to hand prior to the property being advertised. It is not something that solicitors normally arrange. Where you are using a Kearsley conveyancing practitioner they may be able to arrange energy performance certificates given their relationships with long established Kearsley providers

We have agreed to purchase a house in Kearsley. A rare aspect is that the roof has a solar panel. Lloyds have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that you are obtaining a mortgage with Lloyds your lawyer must follow the conveyancing instructions outlined in Part two of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook stipulates minimum requirements for solar panel roof-space leases, and lawyers are required to report to Lloyds where a lease does not satisfy these provisions. The provisions relate to the installation of panels on properties in England and Wales and is not limited to Kearsley.

I can not fathom if my lender requires a lease extension. I have called my Kearsley bank branch on various occasions and was told it does not impact the mortgage offer and they would lend. My Kearsley conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they will not lend based on their published requirements. Who do I believe?

The conveyancing practitioner has to comply with the Council of Mortgage Lenders’ Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

Due to the guidance of my in-laws I had a survey completed on a house in Kearsley prior to instructing conveyancers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some banks may refuse to give a mortgage on this type of house.

It depends who your proposed lender is. Santander has different instructions for example to Nationwide. If you e-mail us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Kearsley. Conveyancing will be smoother if you use a solicitor in Kearsley especially if they are familiar with such properties in Kearsley.

I’m about to sell my garden flat in Kearsley. Conveyancing is yet to be initiated, however I have recently had a half-yearly service charge invoice – what should I do?

It best that you pay the maintenance contribution as usual because all ground rent and maintenance payments will be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Leasehold Conveyancing in Kearsley - Sample of Queries Prior to Purchasing

In the main the cost for major works are not included within service charges, although there some managing agents in Kearsley require tenants to pay into a sinking fund created for the specific intention of building a fund for larger works. What is the service charge and ground rent on the apartment?