My wife and I are buying a 1 bedroom apartment in Newport with a mortgage. We wish to retain our Newport solicitor, however the bank says he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Newport conveyancer and pay for one of their panel lawyers to represent them. This feels very unfair; can we not demand that the mortgage company use our Newport conveyancer ?

No, not really. 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 Newport conveyancing solicitor to apply to be on the conveyancing panel.

Last June we completed a house move in Newport. We have since encountered a number of issues with the property which we consider were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been ordered as part of conveyancing in Newport?

The query is not clear as what problems have arisen and if they are relate to conveyancing in Newport. Conveyancing searches and due diligence initiated during the buying process are supposed to help avoid problems. As part of the process, a property owner fills in a questionnaire referred to as a Seller’s Property Information Form. answers ends up being misleading, you could possibly take legal action against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Newport.

After looking at mumsnet.com for a high-quality solicitor in Newport, most advise that I should look for a CQS kitemarked lawyer. What is CQS?

The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in home ownership transfers, trusted by some of the UK's leading mortgage companies. Four years ago the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Society for Licensed Conveyancers. Newport is one of the numerous areas in England and Wales where there are Accredited solicitors.

I would like to sublet my leasehold apartment in Newport. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A lease governs the relationship between the landlord and you the flat owner; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Newport do not contain subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Leasehold Conveyancing in Newport - Sample of Queries Prior to buying

The answer will be important as a) areas can cause problems in the building as the common areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the running of the building you will wish to have complete disclosure Is there a share of the freehold? Does the lease have onerous restrictions?

My financial adviser has recommended their property lawyer for the conveyancing in Newport - won’t it be advisable to just use them?

You need to establish if the estate agent is recommending a conveyancer or introducing to a conveyancing practitioner. There are plenty of Newport selling agents who recommend two or three Newport conveyancing firms and get nothing from it.