I am nearing exchange of contracts for my house in Rainhill and the EA has just called to advise that the buyers are appointing a new property lawyer. The reason given is that the lender will only deal with solicitors on their conveyancing panel. Why would a big named lender only deal with certain solicitors rather the firm that they want to select to handle their conveyancing in Rainhill ?

Mortgage companies have always had panels of law firms that can act for them, but in the last few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for over 25 years.

Lenders point to the increase in fraud as the reason for the reduction – criteria have been stiffened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any impact on this.

The owners of the home we are hoping to buy hired a conveyancing practitioner in Rainhill who has recommended a lock out agreement with a non-refundable deposit two thousand pounds. Are such agreements the norm for Rainhill conveyancing transactions?

This type of contract is unusual in Rainhill, conveyancers will often try and steer clients away from them as they detract from focusing on the main conveyancing focus and if you end up having your deposit forfeited then the solicitor at best left with an upset client and at worst a litigious one. Secondly, there is no certainty that just because the vendor has entered into a lock out agreement they will complete the sale with you. They may breach the agreement if they are offered a big enough financial inducement to do so because a wronged claimant with the benefit of a exclusivity agreement will still be legally obliged to show losses as a consequence of the breach and these may not equate the extra amount that your vendor may secure by breaking the contract, however morally condemnable the behaviour is.

Should my solicitor be raising enquiries concerning flooding during the conveyancing in Rainhill.

The risk of flooding is if increasing concern for lawyers dealing with homes in Rainhill. There are those who buy a property in Rainhill, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to give advice on flood risk, however there are a various searches that can be carried out by the buyer or by their solicitors which can figure out the risks in Rainhill. The conventional set of information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual question of the vendor to find out if the premises has suffered from flooding. If flooding has previously occurred which is not disclosed by the owner, then a purchaser may bring a claim for damages as a result of such an misleading response. The buyer’s lawyers may also carry out an environmental search. This will disclose if there is a recorded flood risk. If so, additional inquiries will need to be initiated.

About to purchase a new build flat in Rainhill. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Rainhill

Please supply a car parking plan. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision.

My partner and I may need to let out our Rainhill basement flat temporarily due to a new job. We used a Rainhill conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs relations between the landlord and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Rainhill do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Rainhill Leasehold Conveyancing - A selection of Questions you should consider before buying

Be sure to discover if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in certain buildings in Rainhill. If you like the propertyin Rainhill yet your cat is not allowed to make the move with you then you will be presented with a difficult choice. Many Rainhill leasehold apartments will have a service bill for maintenance of the block set on behalf of the landlord. Should you purchase the flat you will have to meet this liability, usually in instalments during the year. This could vary from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a ground rent to be met yearly, this is usually not a large amount, say approximately £50-£100 but you should to check it because occasionally it can be prohibitively expensive. Are any of leasehold owners in dispute over their service charge liability?