Fixed-fee leasehold conveyancing in Gravesend:

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Frequently asked questions relating to Gravesend leasehold conveyancing

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Gravesend. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Gravesend ?

Most houses in Gravesend are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Gravesend so you should seriously consider looking for a Gravesend conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.

My wife and I purchased a leasehold house in Gravesend. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Gravesend who previously acted has long since retired.What should I do?

First contact HMLR to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Gravesend conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Last month I purchased a leasehold property in Gravesend. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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 busy estate agent office in Gravesend where we have experienced a number of leasehold sales derailed due to short leases. I have been given inconsistent advice from local Gravesend conveyancing firms. Can you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?

As long as the seller has been the owner 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. The benefit of this is that the buyer need not have 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.

Alternatively, it may be possible 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 purchaser.

Do you have any advice for leasehold conveyancing in Gravesend with the aim of expediting the sale process?

  • Much of the frustration in leasehold conveyancing in Gravesend can be bypassed if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
  • Many landlords or managing agents in Gravesend levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out 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 average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Gravesend.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Gravesend leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord approving such works. Where you dont have the consents in place you should not communicate with the landlord without contacting your conveyancer in advance.
  • If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Organising a re-issued share certificate can be a lengthy formality and delays many a Gravesend conveyancing transaction. If a reissued share is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to where the lease term is below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Gravesend - Sample of Questions you should ask before Purchasing

      It would be wise to find out if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in in a block in Gravesend. If you like the flatin Gravesend but your dog is not allowed to live with you then you will be faced hard choice. Who are the managing agents? The best form of lease arrangement is a share of the freehold. In this scenario the tenants enjoy control and although a managing agent is often retained where the building is larger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in Gravesend