My wife and I swapping mortgage lender for our apartment in Hayes with Bank of Ireland. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this form unique to the Bank of Ireland conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Bank of Ireland. This is solely used to protect Bank of Ireland if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Bank of Ireland had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Will lawyers ask for money on account when it comes to conveyancing in Hayes?
If you are buying a property in Hayes your solicitor will ask you place them with funds to cover the the cost of the conveyancing searches. Normally this is called for to cover the fees of the Local Authority Search. When the down payment is payable against the purchase price then this should be required shortly in advance of contracts are exchanged. The final balance that is needed will be payable a couple of days ahead of the completion date.
I am assisting my mother sell her house in Hayes. Will the conveyancing solicitor order an EPC or should I organise this?
Following the abolition of Home Information Packs, energy assessments was left as a mandatory component of selling a house. An energy performance certificate should be to hand in advance of the property being advertised. This is not as aspect of the sale process that solicitors normally organise. Where you are using a Hayes conveyancing solicitor they might be willing to arrange EPC’s due to their relationships with reputable Hayes assessors
Completion of my remortgage has taken place for my property in Hayes. Conveyancing was satisfactory but I would like to complain about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved very quickly. However if you are not satisfied that 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 property in Hayes on 29/4/2025, valuation was booked five days later, all came back fine. Property lawyer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to HSBC and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the HSBC conveyancing panel. Can the lender hold off the offer?
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for HSBC to deal with your lawyer's application to be on the HSBC conveyancing panel. There's no guarantee that your solicitor will be accepted.
I am buying my first flat in Hayes benefiting from help to buy. The sellers refused to move on the amount so I negotiated £7000 of extras instead. The house builders rep advised me not to tell my lawyer about this side-deal as it may put at risk my mortgage with Skipton Building Society. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I decided to have a survey completed on a house in Hayes ahead of appointing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some banks may refuse to issue a loan on this type of home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. Should you wish to call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hayes. Conveyancing will be smoother if you use a solicitor in Hayes especially if they are acquainted with such properties in Hayes.
Following months of dialogue we cannot 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?
Most certainly. We can 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 affected 2 flats. The unexpired residue of the current lease was 69 years.
What are the common problems that you come across in leases for Hayes properties?
Leasehold conveyancing in Hayes is not unique. All leases are unique and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:
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A duty to insure the building A provision for the recovery of money spent for the benefit of another party.
You may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Bank of Scotland, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.