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

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Crawley, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Crawley leasehold conveyancing: Q and A’s

Looking forward to complete next month on a leasehold property in Crawley. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • Setting out your legal entitlements in respect of the communal areas in the building.E.G., does the lease provide for a right of way over a path or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You must be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat For details of the information to be contained in your report on your leasehold property in Crawley please ask your solicitor in ahead of your conveyancing in Crawley

    • I've recently bought a leasehold flat in Crawley. Do I have any liability for service charges relating to a period prior to 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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 Crawley where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Crawley conveyancing solicitors. Could you clarify whether the seller of a flat can initiate the lease extension process for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

    An alternative approach is 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.

    Can you offer any advice when it comes to finding a Crawley conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for lease extension works (regardless if they are a Crawley conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Crawley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • How experienced is the firm with lease extension legislation?
  • What are the legal fees for lease extension work?

    • What makes a Crawley lease unmortgageable?

    Leasehold conveyancing in Crawley is not unique. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Norwich and Peterborough Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

    Crawley Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

      How is the lease structured? How many of the leaseholders are in arrears for their service charge payments? The answer will be useful as a) areas can result in problems for the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the tenants have an issue with the managing agents you will need to have all the details

    Other Topics

    Lease Extensions in Crawley