Our lawyer has discovered a defect with the lease for the property we are buying in Hockley. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the lender?

Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the lender are the client. The appropriate lender conditions must be adhered to.

I am downsizing from our property in Hockley and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the buyers are using a factory type conveyancing outfit rather than a conveyancing solicitor in Hockley. Having lived in Hockley for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to get clarification that there is no issue.

It would appear that you have a conveyancing lawyer already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)

I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a simple, no chain conveyancing. Hockley is the location of the property. What do you suggest?

Flying freeholds in Hockley are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hockley you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hockley 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 premises.

I am a negotiator for a reputable estate agent office in Hockley where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Hockley conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension process for the buyer?

Provided that 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. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Hockley Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

The majority of Hockley leasehold flats will be liable to pay a service charge for the upkeep of the block levied by the freeholder. If you acquire the apartment you will have to pay this liability, usually in instalments throughout the year. This can differ from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent for you to pay yearly, ordinarily this is not a exorbitant sum, say around £25-£75 but you need to enquire as occasionally it can be many hundreds of pounds. Best to be warned whether fixing the lift or some other major work is coming up to be shared amongst the leaseholders and will materially increase the the maintenance charges or necessitate a one off invoice. If a Hockley lease has fewer than eighty years it will affect the salability of the apartment. Check with your lender that they are willing to lend given the lease term. A short lease means that you will probably need a lease extension sooner rather than later and you need to have some idea of how much this would cost. For most Hockleylease extensions you would need to own the property for 24 months before you are entitled to exercise a lease extension.

How easy is it to change a solicitor as I need to find a Hockley based conveyancer who is on the lender conveyancing panel. How simple is it to change conveyancer?

In the event that you have not formally appointed a solicitor to start work and have just received an estimate as to costs, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Hockley that you're thinking of instructing.