I am in need of some leasehold conveyancing in Ely. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and most are in Ely - then the leasehold title will always include the short particulars 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.

Estate agents have just been given the go-ahead to market my ground floor apartment in Ely.Conveyancing is yet to be initiated but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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 managing agents 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.

Can you offer any advice when it comes to appointing a Ely conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Ely conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Ely conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• Can they put you in touch with client in Ely who can give a testimonial?
• What are the costs for lease extension work?

Can you provide any advice for leasehold conveyancing in Ely from the point of view of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Ely can be reduced if you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers conveyancers.
• The majority freeholders or Management Companies in Ely charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Ely.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Ely state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Should you dont have the consents to hand you should not contact the landlord without checking with your solicitor first.
• A minority of Ely 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 bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 purchasers or their lawyers.
• You may think that you are aware of the number of years remaining on your lease but you should verify this via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 80 years. It is therefore essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

What are the common deficiencies that you come across in leases for Ely properties?

Leasehold conveyancing in Ely is not unique. Most leases are individual and drafting errors can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, The Mortgage Works, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Ely Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing

What is the yearly service fee and ground rent? Be sure to investigate if the the lease includes any onerous restrictions in the lease. For example it is fairly common in Ely leases that pets are not allowed in certain buildings in Ely. If you like the apartmentin Ely yet your dog is not allowed to live with you then you have a very hard choice. Its a good idea to discover as much as you can about the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to every day matters such as the tidiness of the common parts. Enquire of prospective neighbours what they think of them. Finally, investigate as to the dates that you are obliged pay the service charge to the appropriate party and specifically how they are spending that money.