My wife and I are nearing an exchange on a house in Marlborough and my mum and dad have sent the exchange deposit to my conveyancing practitioner. I am now told that as the deposit has not come from me my conveyancing practitioner needs to disclose this to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is not just from me. I advised the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?

The solicitor is duty bound to check with mortgage company to ensure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only disclose this to your bank if you agree, failing which, your lawyer must cease to continue acting.

I am helping my step-mother sell her property in Marlborough. Does the solicitor commission an energy performance certificate or should I organise this?

Following the abolition of Home Information Packs, energy performance certificates was retained a mandatory element of selling a house. An energy performance certificate needs to be to hand prior to the property being placed on the market. It is not something that solicitors ordinarily arrange. Where you are instructing a Marlborough conveyancing practitioner they might be willing to arrange energy assessments due to their relationships with long established local accredited person

We are getting a further advance on our home loan from Yorkshire BS as we intend to conduct alterations to our property in Marlborough. Are we obliged to select a local Marlborough solicitor on the Yorkshire BS conveyancing panel to deal with the legals?

Yorkshire BS would not normally require a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS list.

The mortgage over my property is with Barclays for my property in Marlborough. Conveyancing has been completed months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Barclays?

Your original mortgage agreement with Barclays will provide that you need their approval prior to renting your property as this is likely to be a breach of Barclays’s mortgage conditions. It may be that Barclays will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Barclays directly. You need not do this via a Barclays conveyancing panel firm.

We are buying a house and the solicitor has raised the issue of Chancel Repair to which the house may be obligated to contribute to given it’s proximity to the area of such a church. He has recommended insurance. Is this really required for conveyancing in Marlborough

Unless a prior purchase of the property completed post 12 October 2013 you can assume that lawyers conducting conveyancing in Marlborough to remain recommending a chancel search and or chancel repair liability insurance.

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I've recently bought a leasehold flat in Marlborough. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Marlborough Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

On the whole the outlay for major works are not wrapped into the maintenance charges, although some managing agents in Marlborough obliged leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for larger works. Please tell me if there are any major works in the near future that will likely add a premium to the maintenance fees? What is the service charge and ground rent on the property?