Fixed-fee leasehold conveyancing in Ely:

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When it comes to leasehold conveyancing in Ely, you will need to chose a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or NatWest make sure you find a lawyer on their approved list. Find a Ely conveyancing lawyer with our search tool

Ely leasehold conveyancing Example Support Desk Enquiries

Having checked my lease I have discovered that there are only Fifty years left on my lease in Ely. I now want to extend my lease but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the lessor. In some cases a specialist would be useful to try and locate and prepare an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Ely.

Looking forward to sign contracts shortly on a leasehold property in Ely. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

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

  • Setting out your legal entitlements in relation to the communal areas in the block.E.G., does the lease grant a right of way over a path or staircase?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you 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 Ely please enquire of your solicitor in ahead of your conveyancing in Ely

    • I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Ely. Conveyancing advisers have not yet been appointed. Will they explain the issues?

    The majority of houses in Ely are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Ely in which case you should be looking for a Ely conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

    What are your top tips when it comes to appointing a Ely conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for your lease extension (regardless if they are a Ely conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Ely conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

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

    • Do you have any advice for leasehold conveyancing in Ely from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Ely can be avoided where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
    • Some Ely leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to 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 reveal the dispute as over as opposed to unsettled.
  • If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Organising a re-issued share certificate can be a lengthy process and slows down many a Ely conveyancing transaction. Where a duplicate share is required, 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 left on your lease but you should double-check by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to where the lease term is under 80 years. In the circumstances it is essential at an early stage 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.

    • Ely Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

      How many of the leaseholders are in arrears for their maintenance charge payments? In the main the outlay for major works are not wrapped into the service charges, albeit that some managing agents in Ely ask leaseholders to contribute towards a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. Is the freehold reversion owned jointly by the leaseholders?

    Other Topics

    Lease Extensions in Ely