Having had my offer accepted I require leasehold conveyancing in Chelmsford. Before I set the wheels in motion I would like to find out the remaining lease term.

If the lease is registered - and 99.9% are in Chelmsford - 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.

I only have 62 years left on my flat in Chelmsford. I need to get lease extension but my landlord is missing. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. On the whole an enquiry agent would be helpful to try and locate and to produce an expert document to be used as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing Chelmsford.

I've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Chelmsford. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Chelmsford are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Chelmsford so you should seriously consider shopping around for a Chelmsford conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

Last month I purchased a leasehold house in Chelmsford. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee 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).

What are your top tips when it comes to appointing a Chelmsford conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Chelmsford conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Chelmsford conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• How experienced is the firm with lease extension legislation?

Leasehold Conveyancing in Chelmsford - A selection of Queries before buying

Be sure to discover if the the lease contains any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Chelmsford. If you love the apartmentin Chelmsford yet your cat is not allowed to move with you then you will be faced difficult decision. It would be prudent to discover as much as you can about the managing agents as they will either make your living at the property much simpler or problematic. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to every day issues such as the tidiness of the common parts. Ask other people what they think of their management. Finally, find out the dates that you are obliged pay the maintenance charge to the relevant party and precisely how they are spending that money. The best form of lease structure is a share of the freehold. In this scenario the lessees benefit from control and even though a managing agent is frequently retained if it is larger than a house conversion, the managing agent retained by the leaseholders.

Other Topics

Lease Extensions in Chelmsford