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Examples of recent questions relating to leasehold conveyancing in Denham

Expecting to sign contracts shortly on a leasehold property in Denham. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your legal entitlements in relation to common areas in the building.E.G., does the lease permit a right of way over an accessway or hallways?
  • Are pets allowed in the flat?
  • Does the lease prevent you from letting out the property, 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
  • Repair and maintenance of the flat
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Denham please enquire of your solicitor in ahead of your conveyancing in Denham

    • I have just started marketing my garden flat in Denham.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should pay 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I am employed by a long established estate agency in Denham where we have witnessed a few leasehold sales derailed due to short leases. I have been given inconsistent advice from local Denham conveyancing firms. Can you confirm whether the owner of a flat can start 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 proposed purchaser can avoid having 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 at the same time as completion of the sale.

    An alternative approach is 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 buyer.

    What advice can you give us when it comes to choosing a Denham conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for your lease extension (regardless if they are a Denham conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Denham 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 many lease extensions has the firm conducted in Denham in the last 12 months?
  • Can they put you in touch with client in Denham who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Denham from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Denham can be avoided if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold information needed by the buyers representatives.
    • The majority freeholders or Management Companies in Denham charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Denham.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unresolved.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Arranging a new share certificate can be a time consuming process and frustrates many a Denham home move. Where a reissued share certificate is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Having spent months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Denham. Can we issue an application to the Residential Property Tribunal Service?

    Absolutely. We can put you in touch with a Denham conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Denham premises is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case was in relation to 3 flats. The unexpired term was 71 years.

    Other Topics

    Lease Extensions in Denham