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Frequently asked questions relating to Cambridge leasehold conveyancing

Looking forward to complete next month on a ground floor flat in Cambridge. Conveyancing lawyers assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease prohibit wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • You need to be told what counts as a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • 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 the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Cambridge please ask your conveyancer in ahead of your conveyancing in Cambridge

    • I own a leasehold flat in Cambridge. Conveyancing and Clydesdale mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Cambridge who acted for me is not around.Do I pay?

    First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Cambridge conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I work for a busy estate agency in Cambridge where we have experienced a number of leasehold sales derailed due to short leases. I have received conflicting advice from local Cambridge conveyancing firms. Can you clarify whether the owner of a flat can initiate the lease extension process for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed 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 purchaser.

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

    When appointing a property lawyer for lease extension works (regardless if they are a Cambridge conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Cambridge conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

    • If they are not ALEP accredited then why not?
  • How many lease extensions has the firm conducted in Cambridge in the last 12 months?

    • Do you have any advice for leasehold conveyancing in Cambridge from the point of view of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Cambridge can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • Many freeholders or Management Companies in Cambridge charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Cambridge.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a re-issued share certificate can be a lengthy formality and delays many a Cambridge conveyancing deal. Where a duplicate share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check via your conveyancers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore important at an as soon as possible 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.

    • Cambridge Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

      It is important to be aware if fixing the lift or some other major work is due in the near future to be shared by the tenants and will materially increase the the maintenance costs or require a one time invoice. On the whole the cost for major works tend not to be built into the maintenance charges, albeit that a few managing agents in Cambridge obliged leasehold owners to pay into a reserve fund created for the specific intention of building a fund for major repairs or maintenance. Plenty Cambridge leasehold properties will incur a service charge for maintenance of the building invoiced by the freeholder. If you purchase the property you will have to pay this liability, normally periodically during the year. This could differ from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay annual, normally this is not a large figure, say around £25-£75 but you should to enquire it because on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Cambridge