Fixed-fee leasehold conveyancing in Bearsted:

Get a Quote

Whether you are buying or selling leasehold flat in Bearsted, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Bearsted conveyancing lawyer with our search tool

Top Five Questions relating to Bearsted leasehold conveyancing

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

Your lease dictates the relationship between the landlord and you the flat owner; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Bearsted do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I have recently realised that I have Seventy years remaining on my flat in Bearsted. I now wish to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to locate the lessor. For most situations a specialist should be useful to conduct investigations and to produce a report to be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Bearsted.

I own a leasehold flat in Bearsted. Conveyancing and The Mortgage Works mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Bearsted who previously acted has long since retired.Do I pay?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Bearsted conveyancing lawyer to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to choosing a Bearsted conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Bearsted conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Bearsted conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • What volume of lease extensions has the firm carried out in Bearsted in the last twenty four months?
  • Can they put you in touch with client in Bearsted who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Bearsted with the purpose of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Bearsted can be bypassed if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ lawyers.
    • A minority of Bearsted leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unsettled.
  • If you hold a share in a the freehold, you should ensure that you hold the original share document. Arranging a new share certificate can be a lengthy process and slows down many a Bearsted home move. Where a new share certificate is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check via your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore essential at an as soon as possible 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.

    • Bearsted Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      It is important to be aware whether a new roof is being put on or some other significant cost is anticipated that will be shared between the leasehold owners and may well materially increase the the maintenance fees or result in a one off payment. Please note that where the lease has less than eighty years it will affect the value of the apartment. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would need to own the property for 24 months before you are legally able to extend the lease. The majority of Bearsted leasehold apartments will have a service bill for the upkeep of the block invoiced on behalf of the freeholder. Where you acquire the apartment you will have to meet this amount, usually periodically during the year. This could vary from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all probability there will be a ground rent for you to pay yearly, ordinarily this is not a large amount, say about £25-£75 but you need to enquire it because occasionally it can be surprisingly expensive.

    Other Topics

    Lease Extensions in Bearsted