My husband and I are looking to acquire a house in Smithfield and are in fact using a Smithfield conveyancing firm. Within the past 48 hours our conveyancer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Birmingham Midshires have this morning contacted us to advise us that there is now an issue as our Smithfield conveyancer is not on their approved list of lawyers. What do we do from here?

If you are buying a property with the assistance of a mortgage it is normal for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Smithfield solicitors, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

Are the Smithfield conveyancing solicitors identified as being on the Barclays conveyancing panel, together with their details provided by Barclays?

Smithfield conveyancing firms themselves provide us confirmation that they are on the Barclays conveyancing panel as opposed to being supplied with a list from Barclays directly.

What is the difference between a licensed conveyancer and conveyancing solicitor in Smithfield

There are many recorded licenced Conveyancers in Smithfield and Solicitor firms in Smithfield who can assist with your conveyancing It is important to make clear that the two are supervised by regulatory bodies with both specialising in the legal work in the home buying process. The two can deal with associated property related work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.

A friend informed me that in buying a property in Smithfield there could be a number of restrictions prohibiting external changes to the property. Is this right?

There are a number of properties in Smithfield which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in Smithfield should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I am expecting a AIP from Kent Reliance this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Kent Reliance recommend any Smithfield solicitors on the Kent Reliance conveyancing panel, or is it better to find our own lawyer?

You will need to appoint Smithfield solicitors independently although you'll need to choose one on the Kent Reliance conveyancing panel. The solicitor represents both you and Kent Reliance through the process.

How does conveyancing in Smithfield differ for newly converted properties?

Most buyers of new build premises in Smithfield come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in Smithfield typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Smithfield or who has acted in the same development.

I have just started marketing my garden flat in Smithfield. Conveyancing has not commenced, but I have recently had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you discharge the service charge as usual as all rents and service invoices will be apportioned 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

I acquired a 1st floor flat in Smithfield, conveyancing formalities finalised in 2010. Can you work out an approximate cost of a lease extension? Similar properties in Smithfield with an extended lease are worth £176,000. The average or mid-range amount of ground rent is £50 yearly. The lease expires on 21st October 2105

With 80 years remaining on your lease the likely cost is going to span between £8,600 and £9,800 as well as professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.