Looking forward to complete next month on a garden flat in Clayhall. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• The total extent of the premises. This will be the flat itself but may include a loft or basement if appropriate.
• Setting out your rights in respect of common areas in the building.By way of example, does the lease grant a right of way over an accessway or staircase?
• Are you allowed to have a pet in the flat?
• Whether the lease restricts you from subletting the flat, or having a home office for business
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• You should have a good understanding of the insurance provisions
• Responsibility for repairing the window frames

I’m about to sell my ground floor apartment in Clayhall.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 until 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 meet my requirements, at a reasonable figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Clayhall. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

The majority of houses in Clayhall are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Clayhall in which case you should be looking for a Clayhall conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your solicitor will appraise you on the various issues.

Back In 2003, I bought a leasehold house in Clayhall. Conveyancing and Britannia mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Clayhall who previously acted has long since retired.What should I do?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Clayhall conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any top tips for leasehold conveyancing in Clayhall from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Clayhall can be reduced where you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ representatives.
• If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Clayhall state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. If you dont have the consents in place do not contact the landlord without contacting your conveyancer in advance.
• Some Clayhall leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If you hold a share in a the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a time consuming formality and slows down many a Clayhall home move. Where a new share certificate is required, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

I am the proprietor of a ground flat in Clayhall. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?

Where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the price.

An example of a Freehold Enfranchisement decision for a Clayhall residence is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The the number of years remaining on the existing lease(s) was 65 and 61.

Clayhall Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

Does the lease have onerous restrictions? Who takes responsibility for maintaining and repairing the building? Is anyone aware of any major works on the horizon that could increase the maintenance charges?