Experts for Leasehold Conveyancing in Benfleet

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Any conveyancing practice can theoretically deal with your leasehold conveyancing in Benfleet, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Benfleet leasehold conveyancing Example Support Desk Enquiries

Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Benfleet. I now wish to extend my lease but my freeholder is missing. What should I do?

If you qualify, 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 extended by the Court. You will be obliged to prove that you have made all reasonable attempts to locate the lessor. On the whole an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Benfleet.

I am attracted to a couple of apartments in Benfleet which have about 50 years left on the lease term. Will this present a problem?

There are plenty of short leases in Benfleet. The lease is a legal document that entitles you to use the premises for a period of time. As a lease gets shorter the value of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this area

Can you offer any advice when it comes to finding a Benfleet conveyancing practice to deal with our lease extension?

If you are instructing a solicitor 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 conveyancing. We suggested that you make enquires with several firms including non Benfleet conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How many lease extensions has the firm completed in Benfleet in the last year?
  • Can they put you in touch with client in Benfleet who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Benfleet from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Benfleet can be reduced where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Benfleet leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such changes. Should you dont have the paperwork in place do not communicate with the landlord without contacting your lawyer before hand.
  • Some Benfleet leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a re-issued share certificate can be a time consuming formality and slows down many a Benfleet conveyancing deal. If a duplicate share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a Benfleet lease problematic?

    Leasehold conveyancing in Benfleet is not unique. All leases are individual and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the property
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Virgin Money, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

    Benfleet Leasehold Conveyancing - Examples of Questions you should consider before buying

      How much is the ground rent and service charge? The answer will be useful as a) areas can result in problems in the building as the common areas may begin to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the running of the building you will need to have all the details It is important to be aware if fixing the lift or some other significant cost is due shortly to be shared by the tenants and could well materially impact the level of the service fees or result in a one off invoice.

    Other Topics

    Lease Extensions in Benfleet