Having had my offer accepted I require leasehold conveyancing in Becontree Heath. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Becontree Heath - 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 have just started marketing my garden flat in Becontree Heath.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is discharge the service charge 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. This will smooth the conveyancing process.

What are your top tips when it comes to finding a Becontree Heath conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Becontree Heath conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Becontree Heath conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• How familiar is the practice with lease extension legislation?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £200000 flat in Becontree Heath in just under a week. The management company has quoted £408 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Becontree Heath?

Becontree Heath conveyancing on leasehold flats more often than not requires the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be content to do so. They may charge a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it is above £800. The administration charge required by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the charge is not strictly payable. In reality one has little choice but to pay whatever is demanded should you wish to sell the property.

I have given up negotiating a lease extension in Becontree Heath. Can this matter be resolved via the Leasehold Valuation Tribunal?

Most definitely. We can put you in touch with a Becontree Heath conveyancing firm who can help.

An example of a Lease Extension case for a Becontree Heath property is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The unexpired term was 61.36 years.

Are there frequently found problems that you encounter in leases for Becontree Heath properties?

There is nothing unique about leasehold conveyancing in Becontree Heath. All leases are unique and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Coventry Building Society, and Nottingham Building Society all have express 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 provide security, forcing the purchaser to withdraw.