Leasehold Conveyancing in Esher and Claygate - Get a Quote from the leasehold experts approved by your lender

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Leasehold conveyancing in Esher and Claygate is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Esher and Claygate and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Common questions relating to Esher and Claygate leasehold conveyancing

I only have 62 years left on my flat in Esher and Claygate. I now want to get lease extension but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the landlord. In some cases an enquiry agent may be useful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the application to the County Court overseeing Esher and Claygate.

I am hoping to exchange soon on a ground floor flat in Esher and Claygate. Conveyancing lawyers have said that they will have a report out to me on Monday. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Are you allowed to have a pet in the flat?
  • 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
  • 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
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Esher and Claygate please enquire of your solicitor in advance of your conveyancing in Esher and Claygate

    • I am looking at a two apartments in Esher and Claygate both have approximately fifty years unexpired on the leases. Will this present a problem?

    There are plenty of short leases in Esher and Claygate. The lease is a right to use the property for a period of time. As a lease gets shorter the marketability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena

    Can you provide any top tips for leasehold conveyancing in Esher and Claygate with the purpose of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Esher and Claygate can be reduced if you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers solicitors.
    • A minority of Esher and Claygate leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of any disputes with your freeholder 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 flat where a dispute is unresolved. You may have to bite the bullet and discharge 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 will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Obtaining a new share certificate can be a time consuming process and slows down many a Esher and Claygate conveyancing transaction. If a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years left on your lease but you should double-check via your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore essential 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 premises on the market for sale.

    • I have given up trying to purchase the freehold in Esher and Claygate. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    You certainly can. We are happy to put you in touch with a Esher and Claygate conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Esher and Claygate residence is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.

    Are there frequently found defects that you encounter in leases for Esher and Claygate properties?

    Leasehold conveyancing in Esher and Claygate is not unique. All leases are unique and drafting errors can result in certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • A duty to insure the building
    • 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 problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Virgin Money, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

    Other Topics

    Lease Extensions in Esher and Claygate