Having had my offer accepted I require leasehold conveyancing in Braintree. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and 99.9% are in Braintree - then the leasehold title will always include the short particulars 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.

I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Braintree. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in Braintree are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Braintree so you should seriously consider shopping around for a Braintree conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.

I am employed by a busy estate agency in Braintree where we have experienced a few leasehold sales jeopardised as a result of short leases. I have been given contradictory information from local Braintree conveyancing solicitors. Please can you confirm whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease 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. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

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 provide any top tips for leasehold conveyancing in Braintree from the point of view of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Braintree can be avoided if you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information which will be required by the purchasers’ solicitors.
• Many landlords or managing agents in Braintree charge for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Braintree.

If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Braintree state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you dont have the consents to hand do not contact the landlord without contacting your conveyancer in the first instance.

If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Arranging a duplicate share certificate can be a lengthy process and frustrates many a Braintree home move. Where a new share certificate is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

You believe that you know the number of years left on your lease but it would be advisable double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the disposal of our £225000 apartment in Braintree in just under a week. The landlords agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Braintree?

Braintree conveyancing on leasehold flats typically involves administration charges levied by landlords agents :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Braintree
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Braintree leasehold property is £350. For Braintree conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

Braintree Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

Are any of leasehold owners in arrears of their service charge liability? It would be a good idea to investigate if there are any onerous prohibitions in the lease. By way of example it is fairly common in Braintree leases that pets are not permitted in in a block in Braintree. If you love the apartmentin Braintree however your cat is not allowed to live with you then you will be faced difficult determination. Does the lease have onerous restrictions?

Other Topics

Lease Extensions in Braintree