Me and my fiance are buying a 1 bedroom flat in Hayes with a mortgage. We have a Hayes lawyer, but the bank advise she’s not on their "panel". It seems we have no choice but to appoint one of the mortgage company panel firms or continue with our Hayes conveyancing practitioner as well as pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to insist that the mortgage company use our Hayes conveyancing practitioner ?

Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. A further alternative is for your Hayes conveyancing lawyer to apply to be on the conveyancing panel.

I am purchasing a right to buy a flat in Hayes. Can I do my own conveyancing?

Leaving aside the complexities and merits of DIY conveyancing in Hayes you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Hayes.

Will my lawyer be asking questions concerning flooding during the conveyancing in Hayes.

Flooding is a growing risk for lawyers dealing with homes in Hayes. There are those who purchase a house in Hayes, completely aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to impart advice on flood risk, but there are a numerous checks that can be initiated by the buyer or by their solicitors which can figure out the risks in Hayes. The standard completed inquiry forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to determine if the property has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the vendor, then a buyer could commence a legal claim for losses as a result of such an inaccurate reply. The buyer’s solicitors should also carry out an enviro report. This will higlight if there is a recorded flood risk. If so, additional inquiries will need to be made.

I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what should have been a straight forward, chain free conveyancing. Hayes is where the house is located. Can you offer any guidance?

Flying freeholds in Hayes are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hayes you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hayes may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

I am in need of some leasehold conveyancing in Hayes. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

If the lease is registered - and almost all are in Hayes - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I have had difficulty in trying to purchase the freehold in Hayes. Can this matter be resolved via the Leasehold Valuation Tribunal?

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

An example of a Freehold Enfranchisement case 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.