Leasehold Conveyancing in Chelmsford - Get a Quote from the leasehold experts approved by your lender

While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Chelmsford, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Chelmsford leasehold conveyancing

I am in need of some leasehold conveyancing in Chelmsford. Before diving in I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and almost all are in Chelmsford - 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 sublet my leasehold flat in Chelmsford. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Chelmsford conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must obtain consent via your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Last month I purchased a leasehold property in Chelmsford. Do I have any liability for service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

I am a negotiator for a reputable estate agency in Chelmsford where we have experienced a few flat sales derailed due to short leases. I have received contradictory information from local Chelmsford conveyancing solicitors. Could you clarify whether the vendor of a flat can commence the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as 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.

Do you have any advice for leasehold conveyancing in Chelmsford with the intention of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Chelmsford can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
  • Many landlords or managing agents in Chelmsford levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Chelmsford.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Chelmsford state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such alterations. Should you dont have the consents to hand you should not contact the landlord without contacting your lawyer in advance.
  • Some Chelmsford leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Organising a re-issued share certificate can be a lengthy process and frustrates many a Chelmsford home move. If a duplicate share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

  • I am the registered owner of a 1 bedroom flat in Chelmsford, conveyancing formalities finalised 2010. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Chelmsford with a long lease are worth £185,000. The average or mid-range amount of ground rent is £45 per annum. The lease terminates on 21st October 2079

    With 55 years left to run the likely cost is going to be between £26,600 and £30,800 as well as professional fees.

    The figure that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Chelmsford