Leasehold Conveyancing in Hayes - Get a Quote from the leasehold experts approved by your lender

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Top Five Questions relating to Hayes leasehold conveyancing

I am hoping to sign contracts shortly on a ground floor flat in Hayes. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?

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

  • The physical extent of the property. This will be the property itself but could also incorporate a roof space or basement if applicable.
  • Defining your rights in respect of the communal areas in the building.E.G., does the lease permit a right of way over an accessway or hallways?
  • Does the lease prohibit wood flooring?
  • Does the lease prevent you from renting out the property, or having a home office for business
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Hayes please ask your solicitor in advance of your conveyancing in Hayes

  • I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Hayes. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

    Most houses in Hayes are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Hayes in which case you should be looking for a Hayes conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.

    Back In 2007, I bought a leasehold house in Hayes. Conveyancing and Halifax mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Hayes who acted for me is not around.Any advice?

    First contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a Hayes conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold property in Hayes. Am I liable to pay service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    What are your top tips when it comes to finding a Hayes conveyancing firm to deal with our lease extension?

    When appointing a conveyancer for lease extension works (regardless if they are a Hayes conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Hayes conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

    • How familiar is the firm with lease extension legislation?
  • If they are not ALEP accredited then why not?

  • Following years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Hayes. Can we issue an application to the Residential Property Tribunal Service?

    in cases where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to decide the price.

    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 was in relation to 2 flats. The unexpired lease term was 69 years.