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

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When it comes to leasehold conveyancing in Basildon, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or Bradford & Bingley make sure you find a lawyer on their panel. Feel free to use our search tool

Basildon leasehold conveyancing: Q and A’s

I want to rent out my leasehold flat in Basildon. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Basildon do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I have recently realised that I have 62 years left on my lease in Basildon. I now want to get lease extension but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the lessor. On the whole an enquiry agent would be helpful to conduct investigations and prepare a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Basildon.

I am hoping to complete next month on a studio apartment in Basildon. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Basildon should include some of the following:

  • The physical extent of the premises. This will be the property itself but may incorporate a roof space or cellar if applicable.
  • You need to be told what constitutes a Nuisance in the lease
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Basildon please ask your lawyer in advance of your conveyancing in Basildon

    • I've found a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently found out 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 Basildon. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

    The majority of houses in Basildon are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Basildon so you should seriously consider looking for a Basildon conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should appraise you on the various issues.

    Do you have any advice for leasehold conveyancing in Basildon from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Basildon can be avoided if you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers conveyancers.
    • Many landlords or managing agents in Basildon levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Basildon.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Basildon leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you fail to have the paperwork in place do not contact the landlord without checking with your lawyer first.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unsettled. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate is often a lengthy formality and delays many a Basildon conveyancing transaction. If a new share is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • Basildon Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing

      Who takes responsibility for maintaining and repairing the block? What is the length of the lease? It is important to be aware if fixing the lift or some other major work is anticipated to be shared between the leasehold owners and could well dramatically impact the level of the maintenance charges or require a specific invoice.

    Other Topics

    Lease Extensions in Basildon