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Common questions relating to Leigh On Sea leasehold conveyancing

Expecting to exchange soon on a garden flat in Leigh On Sea. Conveyancing solicitors inform me that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Leigh On Sea should include some of the following:

  • You should be sent a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • 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 options are open to you if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Leigh On Sea please ask your lawyer in advance of your conveyancing in Leigh On Sea

  • I have just started marketing my ground floor flat in Leigh On Sea.Conveyancing solicitors are to be appointed soon but I have just had a quarterly maintenance charge demand – what should I do?

    The sensible thing to do is pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Leigh On Sea. Conveyancing advisers have are about to be appointed. Will they explain the issues?

    The majority of houses in Leigh On Sea are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Leigh On Sea in which case you should be shopping around for a Leigh On Sea conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

    What advice can you give us when it comes to appointing a Leigh On Sea conveyancing practice to deal with our lease extension?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Leigh On Sea conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Leigh On Sea conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • How familiar is the firm with lease extension legislation?
  • What are the charges for lease extension work?

  • Do you have any advice for leasehold conveyancing in Leigh On Sea with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Leigh On Sea can be bypassed if you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Leigh On Sea state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such works. Should you fail to have the consents in place you should not contact the landlord without checking with your lawyer first.
  • A minority of Leigh On Sea leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

  • Leigh On Sea Conveyancing for Leasehold Flats - Sample of Queries before buying

      Best to be warned if a new roof is being installed or some other significant cost is due in the foreseeable future that will be shared between the leasehold owners and could well materially impact the level of the maintenance charges or require a specific payment. You will want to discover as much as possible about the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the cleanliness of the common parts. Don't be shy to ask other people whether they are happy with them. On a final note, be sure you know the dates that the maintenance charges are due to the managing agents and specifically how they are spending the funds. Most Leigh On Sea leasehold apartments will incur a service charge for maintenance of the block set by the landlord. Should you buy the property you will have to meet this contribution, usually in instalments throughout the year. This may differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met annual, normally this is not a exorbitant figure, say about £25-£75 but you should to check it because sometimes it can be surprisingly expensive.

    Other Topics

    Lease Extensions in Leigh On Sea