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Recently asked questions relating to Kenilworth leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Kenilworth. Before I get started I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and most are in Kenilworth - then the leasehold title will always include the basic details 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.

Looking forward to exchange soon on a studio apartment in Kenilworth. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • Whether the lease restricts you from subletting the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Kenilworth please enquire of your solicitor in advance of your conveyancing in Kenilworth

    • Back In 2006, I bought a leasehold house in Kenilworth. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Kenilworth who acted for me is not around.What should I do?

    The first thing you should do is contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Kenilworth conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any advice for leasehold conveyancing in Kenilworth from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Kenilworth can be reduced where you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Kenilworth leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the paperwork in place do not contact the landlord without checking with your solicitor before hand.
  • Some Kenilworth leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 buyers or their solicitors.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Arranging a replacement share certificate can be a time consuming process and frustrates many a Kenilworth conveyancing deal. Where a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • If all goes to plan we aim to complete our sale of a £250000 flat in Kenilworth next Wednesday . The managing agents has quoted £384 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Kenilworth?

    Kenilworth conveyancing on leasehold flats more often than not involves the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries the majority will be content to do so. They are at liberty charge 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 £350, in some situations it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration charges, otherwise the invoice is technically not due. Reality however dictates that one has no option but to pay whatever is requested of you if you want to sell the property.

    Leasehold Conveyancing in Kenilworth - Examples of Queries Prior to Purchasing

      Are any of leasehold owners in arrears of their service charge payments? Its a good idea to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to daily matters such as the tidiness of the common parts. Enquire of other people whether they are happy with them. On a final note, be sure you discover the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. The best form of lease structure is where the freehold title is owned by the leaseholders. In this arrangement the tenants benefit from control and even though a managing agent is usually employed if the building is bigger than a house conversion, the managing agent is directed by the tenants.

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    Lease Extensions in Kenilworth