Guaranteed fixed fees for Leasehold Conveyancing in Burnham

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Common questions relating to Burnham leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Burnham. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Burnham - 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.

Due to sign contracts shortly on a leasehold property in Burnham. Conveyancing lawyers have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Burnham should include some of the following:

  • You should receive a copy of the lease
  • The total extent of the premises. This will be the apartment itself but may incorporate a roof space or basement if applicable.
  • Setting out your rights in relation to the communal areas in the block.For example, does the lease contain a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • You must be told what counts as a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Burnham please enquire of your lawyer in advance of your conveyancing in Burnham

    • My wife and I purchased a leasehold house in Burnham. Conveyancing and Bank of Ireland mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Burnham who previously acted has long since retired.What should I do?

    The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Burnham conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

    If you are instructing a conveyancer for lease extension works (regardless if they are a Burnham conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Burnham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • How experienced is the practice with lease extension legislation?
  • What are the charges for lease extension conveyancing?

    • What makes a Burnham lease unmortgageable?

    There is nothing unique about leasehold conveyancing in Burnham. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Virgin Money, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

    Leasehold Conveyancing in Burnham - Sample of Questions you should consider Prior to buying

      What is the yearly maintenance fee and ground rent? Does the lease have onerous restrictions? Where a Burnham lease has less than 80 years it will impact the salability of the apartment. Check with your bank that they are content with the length of the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension at some point and you need to have some idea of how much this would cost. For most Burnhamlease extensions you would be be obliged to have owned the premises for two years before you are eligible to exercise a lease extension.

    Other Topics

    Lease Extensions in Burnham