Me and my partner are buying a 2 bedroom flat in Malden with a mortgage. We like our Malden lawyer, but the lender advise she’s not on their "panel". It appears that we have little option but to select one of the bank panel conveyancing practices or retain our Malden lawyer and pay for one of their panel firms to act for them. We feel that this is inequitable; are we not able to insist that the lender use our Malden conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Malden conveyancing lawyer to apply to be on the conveyancing panel.
Having spent time reviewing online forums for a conveyancing lawyer in Malden, most post that I should instruct a CQS assured solicitor. What is CQS?
Malden Conveyancing Quality Scheme practices have obtained certification by the law Society CQS was established to promote high standards in the home buying process. CQS helps consumers to recognise practices that provide a quality residential conveyancing. Malden is one of the many areas in England and Wales in which accredited firms have a presence. The scheme obliges solicitors to undergo a strict assessment, compulsory training, self-certification, spot checks and annual reviews 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 have been advised by my solicitor that lack of planning permission insurance is required on my purchase. What is the level of cover for Malden conveyancing?
The appropriate level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between Nationwide Building Society and Leeds Building Society. Conveyancing solicitors as opposed to members of the public take out such insurances.
Completion of my purchase has taken place for my property in Malden. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
All lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I had an offer accepted on a house in Malden on 24/4/2025, valuation was booked 2 days later, received a clean bill of health. Conveyancer instructed, so all that was missing was my mortgage offer. Having made daily calls to Kent Reliance and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Kent Reliance conveyancing panel. Are Kent Reliance entitled to hold back the Mortgage pending the lawyer being on the approved list?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Kent Reliance to deal with your lawyer's application to be on the Kent Reliance conveyancing panel. There's no guarantee that your solicitor will be accepted.
I have a renovated Georgian property in Malden. Conveyancing solicitor acted for me and TSB. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold under the matching property. Is it worth asking TSB to clarify?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Malden and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with your conveyancing solicitor who conducted the conveyancing.
I opted to have a survey completed on a property in Malden in advance of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies tend not issue a loan on such a home.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Malden. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Malden to see if the conveyancing costs will increase in light of this.
I only have Fifty years remaining on my flat in Malden. I now wish to extend my lease but my landlord is can not be found. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. On the whole a specialist would be useful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court overseeing Malden.
I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Malden conveyancing firm to help?
if there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to arrive at the premium.
An example of a Freehold Enfranchisement matter before the tribunal for a Malden property is 158 West Hill in November 2010. the Tribunal held that the premium to be paid for the freehold reversion should be £99,650 This case was in relation to 7 flats. The unexpired term as at the valuation date was 75.88 years.