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

Get a Quote

Leasehold conveyancing in Basildon is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Basildon and throughout next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Common questions relating to Basildon leasehold conveyancing

Last month I purchased a leasehold flat in Basildon. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I work for a busy estate agent office in Basildon where we have witnessed a number of flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Basildon conveyancing firms. Can you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

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 buyer.

Can you offer any advice when it comes to choosing a Basildon conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Basildon conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Basildon conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How experienced is the practice with lease extension legislation?
  • What volume of lease extensions have they completed in Basildon in the last 12 months?

    • Can you provide any top tips for leasehold conveyancing in Basildon with the intention of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Basildon can be reduced where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
    • The majority freeholders or Management Companies in Basildon levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Basildon.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Basildon state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you dont have the paperwork to hand do not contact the landlord without contacting your conveyancer in the first instance.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic rather than ongoing.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share document. Arranging a replacement share certificate can be a lengthy process and frustrates many a Basildon home move. Where a new share certificate is necessary, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £150000 flat in Basildon next week. The landlords agents has quoted £300 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Basildon?

    Basildon conveyancing on leasehold flats normally requires the buyer’s lawyer sending enquiries for the landlord to answer. Although the landlord is not legally bound to respond to these enquiries most will be content to assist. They are entitled levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality one has no option but to pay whatever is demanded should you wish to complete the sale of your home.

    Basildon Conveyancing for Leasehold Flats - Sample of Queries before buying

      Who are the managing agents? This question is important as a) areas could cause problems in the building as the communal areas may start to deteriorate where services are not paid for b) if the leasehold owners have an issue with the running of the building you will need to have all the details On the whole the cost for major works are not included within maintenance charges, although a few managing agents in Basildon require tenants to contribute towards a reserve fund created for the specific purpose of building a fund for larger works.

    Other Topics

    Lease Extensions in Basildon