Fixed-fee leasehold conveyancing in Harlow:

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Harlow, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Sample questions relating to Harlow leasehold conveyancing

Planning to complete next month on a ground floor flat in Harlow. Conveyancing lawyers assured me that they report fully on Monday. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in respect of the communal areas in the block.E.G., does the lease provide for a right of way over a path or hallways?
  • You must be told what counts as a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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 the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Harlow please enquire of your solicitor in ahead of your conveyancing in Harlow

    • I am employed by a reputable estate agency in Harlow where we have experienced a number of leasehold sales put at risk due to short leases. I have received conflicting advice from local Harlow conveyancing firms. Could you confirm whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

    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 proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.

    What are your top tips when it comes to finding a Harlow conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for your lease extension (regardless if they are a Harlow conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Harlow conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

    • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions have they carried out in Harlow in the last year?

    • Completion in due on the sale of our £175000 flat in Harlow in seven days. The landlords agents has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Harlow?

    Harlow conveyancing on leasehold maisonettes usually requires the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is not legally bound to address these enquiries the majority will be content to assist. They may levy a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee invoiced by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that you have little choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

    In relation to leasehold conveyancing in Harlow what are the most frequent lease problems?

    There is nothing unique about leasehold conveyancing in Harlow. All leases is drafted differently 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 parts of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Chelsea Building Society, and Bank of Ireland all have very detailed 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, forcing the buyer to pull out.

    Harlow Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

      What is the annual maintenance fee and ground rent? It would be wise to enquire if there are any onerous prohibitions in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Harlow. If you like the flatin Harlow but your cat can’t live with you then you will be presented with a hard choice. In the main the cost for major works tend not to be included within service charges, albeit that some managing agents in Harlow obliged leasehold owners to contribute towards a reserve fund and this is used to offset against major works.

    Other Topics

    Lease Extensions in Harlow