I am six weeks into the sale of my maisonette in Swiss Cottage and the estate agent has just text me to warn that the buyers are switching law firm. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their approved list. On what basis would a big named lender only deal with certain solicitors rather the firm that they want to choose to handle their conveyancing in Swiss Cottage ?
Mortgage companies have always had an approved set of law firms they are content to work with, but in recent years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for over 25 years.
Lending institutions blame a rise in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to keep an eye on. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices 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 buyers are unlikely to have any sway in the decision.
My partner and I have just bought a house in Swiss Cottage. We have noticed several issues with the house which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out as part of conveyancing in Swiss Cottage?
The query is not clear as what problems have arisen and if they are relate to conveyancing in Swiss Cottage. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the process, a property owner fills in a form known as a SPIF. If the information is inaccurate, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Swiss Cottage.
How does conveyancing in Swiss Cottage differ for newly converted properties?
Most buyers of new build premises in Swiss Cottage approach us having been asked by the builder to exchange contracts and commit to the purchase even before the house is completed. This is because new home sellers in Swiss Cottage typically acquire the land, 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 property lawyers 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 Swiss Cottage or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Swiss Cottage in advance of retaining conveyancers. I have been told that there is a flying freehold element to the house. My surveyor has said that some mortgage companies will not grant a loan on a flying freehold property.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. If you contact us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Swiss Cottage. Conveyancing will be smoother if you use a solicitor in Swiss Cottage especially if they regularly deal with such properties in Swiss Cottage.
I am employed by a busy estate agent office in Swiss Cottage where we have witnessed a few flat sales jeopardised due to short leases. I have been given conflicting advice from local Swiss Cottage conveyancing firms. Please can you clarify whether the owner of a flat can commence the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Swiss Cottage conveyancing firm to represent me?
Absolutely. We are happy to put you in touch with a Swiss Cottage conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Swiss Cottage residence is First Floor Flat 20 Fitzjohns Avenue in July 2014. the Tribunal decided that the premiums to be paid for new leases in respect of the Raised Ground Floor Flat and the First Floor Flat were to be calculated as: Raised Ground Floor: £765,175.14 First Floor: £601,617.77 This case related to 2 flats. The unexpired lease term was 16.83 and 16.43.
We today become aware that one of the directors of the law firm undertaking the purchase conveyancing in Swiss Cottage is a relative of the vendor. Is this permitted?
Provided no conflict arises this should be fine. If you are requiring a home loan then the lender may have a say as many banks have specific requirements concerning this. For example for Leeds Building Society as of 28/8/2025, the requirements read as follows :
• a different person deals with the conveyance (i.e. not the borrower or a member of the borrower's immediate family);
• there is no conflict of interest and none arises during the transaction; and
• the Law Society guidelines are followed.