Fixed-fee leasehold conveyancing in Benfleet:

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Benfleet leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Benfleet. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and most are in Benfleet - 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.

There are only 68 years left on my lease in Benfleet. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the freeholder. For most situations a specialist should be helpful to carry out a search and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Benfleet.

My wife and I purchased a leasehold house in Benfleet. Conveyancing and Virgin Money mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Benfleet who acted for me is not around.What should I do?

First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Benfleet conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you offer any advice when it comes to appointing a Benfleet conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Benfleet conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Benfleet conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • How many lease extensions has the firm completed in Benfleet in the last twenty four months?
  • What are the costs for lease extension work?

    • Do you have any advice for leasehold conveyancing in Benfleet with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Benfleet can be avoided if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
    • The majority freeholders or Management Companies in Benfleet charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for 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 frequent cause of delay in leasehold conveyancing in Benfleet.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Benfleet leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you dont have the consents in place you should not communicate with the landlord without checking with your lawyer in the first instance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 purchasers, but it is better to reveal the dispute as historic as opposed to unsettled.
  • You believe that you know the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is less than 80 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Benfleet Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

      You should be aware that where the lease has fewer than eighty years it will impact the salability of the apartment. Check with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will most likely need a lease extension at some point and it is worth finding out what this will be. For most Benfleetlease extensions you would need to own the residence for a couple of years before you are legally able to extend the lease. Who are the managing agents? It is important to be aware if window replacement or some other significant cost is anticipated to be shared between the leaseholders and may well dramatically impact the level of the maintenance fees or result in a one off payment.

    Other Topics

    Lease Extensions in Benfleet