Fixed-fee leasehold conveyancing in Leigh On Sea:

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When it comes to leasehold conveyancing in Leigh On Sea, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Santander, Birmingham Midshires or Bradford & Bingley make sure you find a lawyer on their approved list. Find a Leigh On Sea conveyancing lawyer with our search tool

Common questions relating to Leigh On Sea leasehold conveyancing

I am in need of some leasehold conveyancing in Leigh On Sea. Before diving in I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Leigh On Sea - 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.

Helen (my wife) and I may need to let out our Leigh On Sea basement flat temporarily due to a new job. We instructed a Leigh On Sea conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates the relationship between the landlord and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Leigh On Sea do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I am hoping to sign contracts shortly on a leasehold property in Leigh On Sea. Conveyancing solicitors inform me that they are sending me a report 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 Leigh On Sea should include some of the following:

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Whether the lease restricts you from subletting the flat, or having a home office for business
  • You need to be told what constitutes a Nuisance in the lease
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • 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 conveyancer in advance of your conveyancing in Leigh On Sea

    • I own a leasehold house in Leigh On Sea. Conveyancing and Aldermore mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Leigh On Sea who acted for me is not around.Any advice?

    The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Leigh On Sea conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Do you have any top tips for leasehold conveyancing in Leigh On Sea with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Leigh On Sea can be avoided if you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
    • Many freeholders or Management Companies in Leigh On Sea charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Leigh On Sea.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Leigh On Sea state that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. If you fail to have the paperwork to hand you should not communicate with the landlord without contacting your solicitor in the first instance.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Organising a replacement share certificate is often a time consuming formality and delays many a Leigh On Sea conveyancing transaction. Where a new share is required, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Leigh On Sea - Sample of Queries Prior to buying

      Is anyone aware of any major works in the near future that could add a premium to the maintenance charges? Are any of leasehold owners in dispute over their service charge liability? What prohibitions exist in the Leigh On Sea Lease?

    Other Topics

    Lease Extensions in Leigh On Sea