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Kelvedon leasehold conveyancing: Q and A’s

I am intending to sublet my leasehold flat in Kelvedon. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in Kelvedon do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

My wife and I purchased a leasehold flat in Kelvedon. Conveyancing and Accord Mortgages Ltd mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Kelvedon who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Kelvedon conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Kelvedon. Do I have any liability for service charges relating to a period prior to 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

What advice can you give us when it comes to appointing a Kelvedon conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Kelvedon conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Kelvedon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How familiar is the practice with lease extension legislation?
  • If they are not ALEP accredited then why not?

  • Do you have any top tips for leasehold conveyancing in Kelvedon from the point of view of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Kelvedon can be reduced if you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Kelvedon charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Kelvedon.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Kelvedon state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such changes. If you dont have the consents to hand you should not contact the landlord without contacting your lawyer first.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Obtaining a new share certificate is often a lengthy formality and delays many a Kelvedon conveyancing deal. Where a reissued share certificate is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Kelvedon Leasehold Conveyancing - Sample of Queries Prior to buying

      This question is useful as a) areas may cause problems in the building as the common areas may begin to deteriorate where services remain unpaid b) if the tenants have a dispute with the running of the building you will wish to have complete disclosure Best to be warned whether a new roof is being put on or some other major work is coming up that will be shared amongst the leaseholders and will materially impact the level of the maintenance costs or result in a specific payment. How much is the yearly service fee and ground rent?

    Other Topics

    Lease Extensions in Kelvedon