Looking forward to complete next month on a garden flat in Hayes. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Hayes should include some of the following:

• Does the lease prohibit wood flooring?
• Will you be prohibited or prevented from having pets in the property?
• Does the lease prevent you from subletting the flat, or having a home office for business
• You should be told what constitutes a Nuisance in the lease
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
• What options are open to you if a neighbour breach a clause of their lease?

I own a leasehold house in Hayes. Conveyancing and Britannia mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Hayes who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to instruct a Hayes conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I work for a reputable estate agent office in Hayes where we have witnessed a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Hayes conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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 proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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.

Can you provide any advice for leasehold conveyancing in Hayes from the perspective of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Hayes can be reduced where you get in touch lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Hayes state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such changes. Should you fail to have the paperwork in place you should not communicate with the landlord without contacting your solicitor in the first instance.
• A minority of Hayes leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
• If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
• If you hold a share in a the freehold, you should make sure that you hold the original share document. Arranging a new share certificate is often a time consuming formality and slows down many a Hayes home move. Where a reissued share certificate is required, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Hayes conveyancing firm to act on my behalf?

Absolutely. We can put you in touch with a Hayes conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Hayes property is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case related to 2 flats. The unexpired term was 69 years.

When it comes to leasehold conveyancing in Hayes what are the most common lease defects?

Leasehold conveyancing in Hayes is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

Leasehold Conveyancing in Hayes - Examples of Queries before buying

Best to be warned whether a new roof is being installed or some other major work is due shortly to be shared by the leaseholders and could well dramatically increase the the maintenance costs or require a one off payment. It would be prudent to find out as much as possible about the company managing the building as they will either make your life much easier or uncomfortable. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day matters like the tidiness of the communal areas. Ask prospective neighbours if they are happy with them. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending that money. The majority of Hayes leasehold apartments will be liable to pay a service bill for the upkeep of the building invoiced by the freeholder. Should you acquire the apartment you will have to meet this amount, normally quarterly throughout the year. This may differ from several hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay yearly, this is usually not a large figure, say approximately £50-£100 but you need to check as occasionally it could be prohibitively expensive.