My husband and I are intending to purchase a 2 bedroom apartment in Tyne And Wear with a mortgage. We have a Tyne And Wear solicitor, however the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or continue with our Tyne And Wear conveyancing practitioner as well as pay for one of their panel ones to represent them. We regard this is inequitable; are we not able to require that the lender use our Tyne And Wear lawyer ?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. Another option that might be available is for your Tyne And Wear conveyancing lawyer to apply to be on the conveyancing panel.

A friend informed me that in buying a property in Tyne And Wear there may be various restrictions affecting the ability to carry out external alterations to a property. Is this right?

We are aware of a number of properties in Tyne And Wear which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Tyne And Wear should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I had a mortgage agreed in principle with Nationwide. Tyne And Wear conveyancing lawyers were appointed. How long does it take for Nationwide to issue the offer to the property lawyer?

There is no definitive answer here. Have Nationwide done the valuation? Have you informed Nationwide as to your lawyers' details and checked that your lawyers are on the Nationwide conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.

I am currently in the process of buying my council flat in Tyne And Wear. I have a mortgage agreed with Nationwide. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nationwide, you will need to appoint a solicitor on the Nationwide conveyancing panel.

Just had an offer accepted on a new build flat in Tyne And Wear. Conveyancing is daunting 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 conveyancing.

Here are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Tyne And Wear

If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please confirm the Lease plans are surveyor prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. 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've recently bought a leasehold property in Tyne And Wear. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner 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. A critical element 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).

Leasehold Conveyancing in Tyne And Wear - Examples of Queries Prior to buying

How much is the ground rent and service charge? Make sure you enquire if there are any onerous prohibitions in the lease. For example it is very common in Tyne And Wear leases that pets are not permitted in in a block in Tyne And Wear. If you love the flatin Tyne And Wear however your cat can’t make the move with you then you have a very hard decision. Where a Tyne And Wear lease has less than eighty years it will affect the salability of the flat. Check with your bank that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will most likely need a lease extension at some point and you need to have some idea of how much this would cost. Remember, in most cases you will be be obliged to have been the owner of the premises for a couple of years before you are eligible to extend the lease.

When it comes to my conveyancing in Tyne And Wear should I be charged VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee

(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Tyne And Wear conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the conveyancer's time in submitting the funds this way.