Having had my offer accepted I require leasehold conveyancing in Brentwood. Before I get started I require certainty as to the unexpired term of the lease.

Assuming the lease is registered - and 99.9% are in Brentwood - 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.

Planning to complete next month on a ground floor flat in Brentwood. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Brentwood should include some of the following:

• You should receive a copy of the lease

The physical extent of the demise. This will be the flat itself but could also incorporate a loft or cellar if appropriate.

Setting out your rights in relation to the communal areas in the building.E.G., does the lease grant a right of way over an accessway or staircase?

Does the lease require carpeting throughout thus preventing wood flooring?

Are you allowed to have a pet in the flat?

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Brentwood please enquire of your solicitor in advance of your conveyancing in Brentwood

What are your top tips when it comes to finding a Brentwood conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for your lease extension (regardless if they are a Brentwood conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Brentwood conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?

How many lease extensions has the firm completed in Brentwood in the last 12 months?

Completion in due on our sale of a £300000 maisonette in Brentwood on Friday in a week. The landlords agents has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Brentwood?

Brentwood conveyancing on leasehold apartments nine out of ten times results in fees being raised by managing agents :

• Answering pre-contract enquiries
• Where consent is required before sale in Brentwood
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Brentwood leasehold property is £350. For Brentwood 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 required to supply the information.

Despite our best endeavours, we have been unsuccessful in seeking a lease extension in Brentwood. Can this matter be resolved via the Leasehold Valuation Tribunal?

Absolutely. We can put you in touch with a Brentwood conveyancing firm who can help.

An example of a Lease Extension decision for a Brentwood premises is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case was in relation to 1 flat. The remaining number of years on the lease was 57.5 years.

What are the common problems that you see in leases for Brentwood properties?

There is nothing unique about leasehold conveyancing in Brentwood. All leases are individual and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Virgin Money, and Godiva Mortgages Ltd all have very detailed conveyancing instructions 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, obliging the purchaser to withdraw.

Other Topics

Lease Extensions in Brentwood