Fixed-fee leasehold conveyancing in Beacontree Heath:

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Common questions relating to Beacontree Heath leasehold conveyancing

You should [be sent a copy of the lease|receive a copy of the lease]

I am hoping to exchange soon on a basement flat in Beacontree Heath. Conveyancing solicitors inform me that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Beacontree Heath should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the demise. This will be the apartment itself but could also incorporate a roof space or cellar if appropriate.
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • What the implications are if you breach a clause of your lease?
For details of the information to be included in your report on your leasehold property in Beacontree Heath please enquire of your conveyancer in ahead of your conveyancing in Beacontree Heath

I own a leasehold house in Beacontree Heath. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Beacontree Heath who acted for me is not around.Any advice?

First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Beacontree Heath conveyancing firm to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a couple of flats in Beacontree Heath both have about forty five years remaining on the lease term. should I be concerned?

There are no two ways about it. A leasehold flat in Beacontree Heath is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it adversely affects the value of the premises. For most buyers and mortgage companies, leases with under eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Beacontree Heath conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I've recently bought a leasehold property in Beacontree Heath. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner 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).

Do you have any top tips for leasehold conveyancing in Beacontree Heath with the purpose of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Beacontree Heath can be reduced if you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
  • Many landlords or managing agents in Beacontree Heath charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack 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 delay in leasehold conveyancing in Beacontree Heath.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Beacontree Heath leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord approving such changes. If you fail to have the paperwork in place do not communicate with the landlord without checking with your lawyer first.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share certificate. Obtaining a new share certificate is often a lengthy formality and frustrates many a Beacontree Heath conveyancing deal. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Notwithstanding our best endeavours, we have been unsuccessful in seeking a lease extension in Beacontree Heath. Can this matter be resolved via the Leasehold Valuation Tribunal?

You certainly can. We are happy to put you in touch with a Beacontree Heath conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Beacontree Heath flat is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 61.36 years.

I inherited a leasehold flat in Beacontree Heath, conveyancing was carried out in 2001. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Beacontree Heath with a long lease are worth £222,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease terminates on 21st October 2100

With just 74 years unexpired the likely cost is going to span between £12,400 and £14,200 as well as professional fees.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure without more comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.