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

Frequently asked questions relating to Braintree leasehold conveyancing

My wife and I may need to rent out our Braintree basement flat for a while due to a new job. We used a Braintree conveyancing practice in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Even though your last Braintree conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to seek permission via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

Last month I purchased a leasehold property in Braintree. Do I have any liability for service charges for periods before my ownership?

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 be sure 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).

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

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

  • How experienced is the firm with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

    • Can you provide any advice for leasehold conveyancing in Braintree from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Braintree can be reduced where you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers representatives.
    • The majority landlords or Management Companies in Braintree charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Braintree.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Braintree state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. Where you fail to have the consents in place do not communicate with the landlord without contacting your conveyancer in the first instance.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unsettled. You may have to bite the bullet and 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 will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Obtaining a re-issued share certificate is often a time consuming process and delays many a Braintree home move. Where a new share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • All being well we will complete the disposal of our £250000 maisonette in Braintree in just under a week. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Braintree?

    Braintree conveyancing on leasehold flats normally requires the buyer’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the charge is not strictly payable. In reality one has little choice but to pay whatever is demanded if you want to sell the property.

    Braintree Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

      How is the lease structured? The answer will be useful as a) areas could cause problems in the building as the communal 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 know about it Is anyone aware of any major works on the horizon that will increase the service costs?

    Other Topics

    Lease Extensions in Braintree