I have just been advised by my estate agent that my Southend lawyer is not on the bank Conveyancing panel. What can I do to be certain whether this is indeed the case?

The first thing you need to do is to call your Southend conveyancer. You lawyer should inform you what has happened. If they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.

After scouring mumsnet.com for a recommended lawyer in Southend, many post that I should use a CQS kitemarked solicitor. What is CQS?

Southend Conveyancing Quality Scheme practices have achieved accreditation by the law Society The Law Society created CQS to establish evidence of quality standards in the home buying process. CQS helps buyers and sellers to recognise practices who provide a quality residential conveyancing. Southend is one of locations in England and Wales in which CQS have a presence. The scheme requires practices to undergo a strict assessment, compulsory training, self-reporting, random audits and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders.

I am buying a new build flat in Southend. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Southend

Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please confirm the Lease plans are architect prepared. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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.

I opted to have a survey done on a house in Southend in advance of appointing lawyers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks tend not issue a mortgage on a flying freehold property.

It depends who your proposed lender is. HSBC has different instructions for example to Halifax. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Southend. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Southend to see if the conveyancing costs will increase in light of this.

I have given up seeking a lease extension in Southend. Can the Leasehold Valuation Tribunal adjudicate on premiums?

if there is a missing landlord or if there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to decide the price payable.

An example of a Freehold Enfranchisement matter before the tribunal for a Southend flat is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case related to 2 flats. The unexpired residue of the current lease was 68.28 and 158.

What makes a Southend lease problematic?

Leasehold conveyancing in Southend is not unique. All leases are individual and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:

A duty to insure the building A provision to repair to or maintain elements of the property

You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Bank of Scotland, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.