Fixed-fee leasehold conveyancing in Chelmsford:

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Recently asked questions relating to Chelmsford leasehold conveyancing

There are only 72 years unexpired on my lease in Chelmsford. I now want to get lease extension but my landlord is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 or your lawyers have done all that could be expected to locate the landlord. On the whole a specialist would be helpful to try and locate and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court covering Chelmsford.

Looking forward to sign contracts shortly on a leasehold property in Chelmsford. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

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

  • Defining your legal entitlements in relation to common areas in the building.By way of example, does the lease permit a right of way over a path or hallways?
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Chelmsford please ask your lawyer in ahead of your conveyancing in Chelmsford

  • I’m about to sell my basement apartment in Chelmsford.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – what should I do?

    It best that you pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Chelmsford. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

    Most houses in Chelmsford are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Chelmsford so you should seriously consider shopping around for a Chelmsford conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should advise you fully on all the issues.

    I am employed by a long established estate agency in Chelmsford where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Chelmsford conveyancing firms. Could you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?

    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. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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.

    Leasehold Conveyancing in Chelmsford - A selection of Questions you should ask Prior to Purchasing

      If a Chelmsford lease has fewer than 80 years it will have adverse implications on the salability of the property. It is worth checking with your lender that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this will be. Remember, in most cases you will be be obliged to have owned the residence for 24 months in order to be legally able to carry out a lease extension. You will want to discover as much as possible about the company managing the building as they will either make your life much easier or uncomfortable. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the upkeep of the common parts. Don't be afraid to ask prospective neighbours if they are happy with them. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money. This information is useful as a) areas could result in problems in the building as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to have all the details

    Other Topics

    Lease Extensions in Chelmsford