Fixed-fee leasehold conveyancing in Leatherhead:

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When it comes to leasehold conveyancing in Leatherhead, you will need to chose a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, Birmingham Midshires or NatWest be sure to find a lawyer on their approved list. Feel free to use our search tool

Leatherhead leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Leatherhead. Before I get started I want to be sure as to the remaining lease term.

If the lease is registered - and 99.9% are in Leatherhead - 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.

Having checked my lease I have discovered that there are only 62 years unexpired on my lease in Leatherhead. I need to get lease extension but my freeholder is can not be found. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. On the whole an enquiry agent may be helpful to conduct investigations and to produce a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court covering Leatherhead.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Leatherhead. Conveyancing advisers have not yet been appointed. Will they explain the issues?

Most houses in Leatherhead are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Leatherhead in which case you should be shopping around for a Leatherhead conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will advise you fully on all the issues.

I am employed by a long established estate agent office in Leatherhead where we see a few leasehold sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Leatherhead conveyancing firms. Could you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done 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.

Can you provide any advice for leasehold conveyancing in Leatherhead with the purpose of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Leatherhead can be bypassed where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Leatherhead leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such works. Should you dont have the consents to hand do not communicate with the landlord without checking with your solicitor first.
  • Some Leatherhead leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 lawyers.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Obtaining a replacement share certificate can be a lengthy process and frustrates many a Leatherhead conveyancing deal. If a new share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years left on your lease but it would be advisable verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. It is therefore essential at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Leatherhead - Sample of Queries before buying

      On the whole the outlay for major works tend not to be included within maintenance charges, albeit that some managing agents in Leatherhead obliged tenants to contribute towards a sinking fund created for the specific intention of building a fund for larger works. Are there any major works on the horizon that will increase the maintenance charges? The answer will be important as a) areas could result in problems for the building as the communal areas may begin to deteriorate if services are not paid for b) if the leasehold owners have an issue with the running of the building you will need to have full disclosure

    Other Topics

    Lease Extensions in Leatherhead