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Ash leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Ash. Before I get started I would like to find out the number of years remaining on the lease.

If the lease is registered - and most are in Ash - 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 today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Ash. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Ash ?

Most houses in Ash are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Ash in which case you should be looking for a Ash conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.

Can you offer any advice when it comes to appointing a Ash conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Ash conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Ash conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in Ash who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Ash with the aim of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Ash can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information 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? Ash leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord approving such changes. If you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor in advance.
  • A minority of Ash leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Obtaining a re-issued share certificate is often a time consuming process and slows down many a Ash home move. If a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but you should verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • What makes a Ash lease defective?

    There is nothing unique about leasehold conveyancing in Ash. Most leases is drafted differently and drafting errors can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the property
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Bank of Scotland, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in Ash - A selection of Queries Prior to buying

      The prefered form of lease structure is where the freehold interest is in the ownership of the leaseholders. In this situation the lessees enjoy control and notwithstanding that a managing agent is usually retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Is the freehold owned collectively by the leaseholders? Best to be warned whether changing the roof or some other major work is coming up to be shared by the leasehold owners and will dramatically impact the level of the service costs or necessitate a one time invoice.

    Other Topics

    Lease Extensions in Ash