Me and my fiance are purchasing a 3 bedroom apartment in Mayfield with a mortgage. We wish to retain our Mayfield solicitor, however the bank advise he's not on their "panel". We have to appoint one of the lender panel conveyancing practices or continue with our Mayfield solicitor as well as pay for one of their panel lawyers to act for them. We consider that this is unjust; is there anything we can do?

Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms 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 Mayfield conveyancing solicitor to apply to be on the conveyancing panel.

We see that you have a post code search directory listing law firms on the RBS conveyancing panel. Do companies pay you a commission if I instruct them for our conveyancing in Mayfield?

We are a listing service only for law firms wishing to communicate if they are on the RBS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Mayfield.

I am refinancing my apartment in Mayfield, does my lawyer have to be on the Leeds Building Society Conveyancing panel?

In theory, you could use a solicitor that is not on the Leeds Building Society conveyancing panel, but Leeds Building Society would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.

Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a quick, chain free conveyancing. Mayfield is where the house is located. Can you shed any light on this issue?

Flying freeholds in Mayfield are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Mayfield you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mayfield may decide 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 have just started marketing my ground floor apartment in Mayfield. Conveyancing has not commenced, but I have recently had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is pay the maintenance contribution as normal as all rents and maintenance payments should be allotted on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

Leasehold Conveyancing in Mayfield - Sample of Queries Prior to buying

What restrictions are there in the Mayfield Lease? In the main the outlay for major works are not included within service charges, although some managing agents in Mayfield require tenants to contribute towards a sinking fund and this is used to offset against larger works. What is the length of the lease?