Quality lawyers for Leasehold Conveyancing in Halstead

When it comes to leasehold conveyancing in Halstead, you will need to chose a conveyancing lawyer with leasehold experience. Whether your lender is to be Santander, Birmingham Midshires or Bradford & Bingley be sure to choose a lawyer on their panel. Feel free to use our search tool

Frequently asked questions relating to Halstead leasehold conveyancing

I am in need of some leasehold conveyancing in Halstead. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Halstead - 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.

I only have 68 years unexpired on my flat in Halstead. I am keen to extend my lease but my landlord is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to locate the landlord. In some cases a specialist would be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Halstead.

Back In 2009, I bought a leasehold flat in Halstead. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Halstead who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Halstead conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold house in Halstead. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

We expect to complete the sale of our £325000 flat in Halstead next Monday . The freeholder has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Halstead?

Halstead conveyancing on leasehold flats normally involves the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be willing to assist. They are entitled invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The management information fee required by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. Reality however dictates that you have little option but to pay whatever is requested of you if you want to sell the property.

Halstead Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

    The answer will be useful as a) areas may cause problems for the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leasehold owners have a dispute with the running of the building you will need to have full disclosure You should want to find out as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the common parts. Don't be shy to ask other tenants what they think of them. Finally, be sure you discover the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money. What is the name of the managing agents?

Other Topics

Lease Extensions in Halstead