My solicitor has discovered a defect with the lease for the apartment we are buying in Higham Wood. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer has advised that he must check that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
I am told that my conveyancing solicitors will need to check that the building insurance for my purchase of a house in Higham Wood. My lender is Tesco Bank
Tesco Bank have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 20/6/2026, the requirements read as follows :
My wife and I have a semi-detached Edwardian house in Higham Wood. Conveyancing practitioner represented me and Halifax. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Higham Wood and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with the conveyancing lawyer who conducted the purchase.
How does conveyancing in Higham Wood differ for new build properties?
Most buyers of new build premises in Higham Wood come to us having been asked by the builder to sign contracts and commit to the purchase even before the house is built. This is because builders in Higham Wood typically buy 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 Higham Wood or who has acted in the same development.
How straightforward is it to use the search app to select a conveyancing lawyer in Higham Wood on the approved list for my bank?
First select a lender such as National Westminster Bank, Virgin Money or TSB then type in your location e.g. Higham Wood. Conveyancing firms in Higham Wood and beyond should be listed.
I have noted on a number of consumer advice websites that when choosing a conveyancing solicitors they must be approved by your bank. I am new to the process but I have an offer in principle with Nat West Bank and I already have a family conveyancing lawyer in Higham Wood on standby. Can Birmingham Midhshires insist on an approved conveyancer to be selected? Does a directory of approved solicitors even exist so I can pick a conveyancing lawyer in Higham Wood?
You need to use a solicitor that is on the Birmingham Midhshires panel. Simply ring your preferred Higham Wood conveyancing lawyer and ask if they are on the Birmingham Midhshires panel. If they are not on the panel you have a number of choices open to you here:
- Complete the purchase with your existing Higham Wood conveyancer but Birmingham Midhshires will no doubt instruct a conveyancing practitioner from their conveyancing panel. The net result is additional cost together with likely delay.
- Appoint a new conveyancer to conduct the conveyancing, not forgetting to check that they are on the Birmingham Midhshires conveyancing panel.
- Convince your conveyancer to attempt to join the bank panel.