I am on look out for some leasehold conveyancing in Laindon. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is registered - and almost all are in Laindon - 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 am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Laindon. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Laindon ?

The majority of houses in Laindon are freehold rather than 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 Laindon in which case you should be shopping around for a Laindon conveyancing practitioner and be sure 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 at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

Last month I purchased a leasehold house in Laindon. Am I liable to pay service charges for periods before my ownership?

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).

Do you have any top tips for leasehold conveyancing in Laindon from the point of view of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Laindon can be reduced where you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Laindon leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. Where you dont have the paperwork to hand do not communicate with the landlord without contacting your solicitor before hand.
• 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 put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share document. Organising a duplicate share certificate can be a time consuming formality and slows down many a Laindon home move. Where a reissued share is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be wise to verify this via your conveyancers. A buyer’s lawyer 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 80 years. In the circumstances it is essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

In relation to leasehold conveyancing in Laindon what are the most common lease defects?

Leasehold conveyancing in Laindon is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• 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

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, The Royal Bank of Scotland, and Alliance & Leicester all have very detailed requirements 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 withdraw.

Laindon Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

It would be sensible to investigate if there is anything that is prohibited in the lease. For instance it is reasonably common in Laindon leases that pets are not allowed in in a block in Laindon. If you love the apartmentin Laindon but your cat is not allowed to move with you then you have a very hard choice. Where a Laindon lease has fewer than eighty years it will affect the value of the flat. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would be be obliged to have owned the premises for two years in order to be eligible to extend the lease.