I am in need of some leasehold conveyancing in Canvey Island. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and most are in Canvey Island - then the leasehold title will always include the basic details 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 am intending to let out my leasehold apartment in Canvey Island. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Canvey Island conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the property. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Back In 2006, I bought a leasehold flat in Canvey Island. Conveyancing and Skipton Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Canvey Island who acted for me is not around.Any advice?

The first thing you should do is make enquiries of HMLR to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Canvey Island conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Canvey Island with the purpose of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Canvey Island can be reduced if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
• Many freeholders or managing agents in Canvey Island levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Canvey Island.

If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Canvey Island leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the paperwork to hand do not contact the landlord without checking with your lawyer before hand.

If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a new share certificate is often a lengthy process and delays many a Canvey Island conveyancing transaction. If a duplicate share is needed, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is below 80 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on the sale of our £275000 garden flat in Canvey Island in just under a week. The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Canvey Island?

For the majority of leasehold sales in Canvey Island conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Canvey Island
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Canvey Island leasehold premises is £350. For Canvey Island 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 provide the information.

Leasehold Conveyancing in Canvey Island - Examples of Questions you should consider Prior to buying

The best form of lease structure is a share of the freehold. In this scenario the tenants benefit from being in charge if their destiny and even though a managing agent is frequently retained if it is larger than a house conversion, the managing agent employed by the leaseholders. It is important to be aware whether window replacement or some other major work is due shortly that will be shared amongst the leaseholders and could well materially increase the the service fees or result in a one off payment. You should be aware that where the lease has less than eighty years it will have adverse implications on the marketability of the flat. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease at some point and you need to have some idea of what this would cost. For most Canvey Islandlease extensions you would need to own the property for two years before you are legally able to exercise a lease extension.

Other Topics

Lease Extensions in Canvey Island