Our god-son is purchasing a new build apartment in Lees and Moorside with a home loan from Principality. His solicitor has said that there is a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?

The document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Principality conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Principality conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a two bedroom flat in Lees and Moorside. Do I pick up the keys to the premises on the completion date from my conveyancer? If so, I will appoint a local conveyancing solicitor in Lees and Moorside?

There is no need to visit the lawyers office on the day of completion. Your solicitors will arrange to send the completion advance to the vendor’s conveyancers, and once they have received this, you should be called to pick up the keys from the Estate Agents and start moving into the property. Usually this occurs early afternoon.

Is it the case that all Lees and Moorside solicitors on the HSBC conveyancing panel are regulated by the SRA?

As a firm of solicitors, in order to be on the HSBC approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Some lenders do list licenced conveyancers on their panel in which case such organisation would be regulated by the CLC.

I am selling my apartment. I had a double glazing fitted in December 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Nottingham are being problematic. The Lees and Moorside solicitor who is on the Nottingham conveyancing panel is saying indemnity insurance will be fine but Nottingham are insisting on a building regulation certificate. Why do Nottingham have a conveyancing panel if they don't accept advice from them?

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

The estate agent has sent us the confirmation of our purchase of a new build flat in Lees and Moorside. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Lees and Moorside

Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

There are only 62 years remaining on my flat in Lees and Moorside. I need to get lease extension but my landlord is can not be found. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. In some cases a specialist should be useful to carry out a search and prepare a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Lees and Moorside.

Leasehold Conveyancing in Lees and Moorside - Sample of Queries before Purchasing

Is the freehold owned collectively by the tenants? It would be wise to find out as much as you can regarding the managing agents as they will either make living at the property much simpler or much more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the cleanliness of the common parts. You should not be shy to ask other tenants what they think of their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Does the lease have in excess of 82 years unexpired?

How easy is it to change a solicitor as I need to find a Lees and Moorside based one who is on the lender conveyancing panel. Is it practical to instruct different lawyers?

If you haven't yet appointed a solicitor to commence the conveyancing and at this stage simply received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Lees and Moorside that you're thinking of instructing.