Experts for Leasehold Conveyancing in Chadwell Heath

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When it comes to leasehold conveyancing in Chadwell Heath, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , Yorkshire Building Society or NatWest make sure you choose a lawyer on their approved list. Feel free to use our search tool

Recently asked questions relating to Chadwell Heath leasehold conveyancing

I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Chadwell Heath. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

The majority of houses in Chadwell Heath 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. It is clear that you are buying in Chadwell Heath so you should seriously consider shopping around for a Chadwell Heath conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.

Back In 2009, I bought a leasehold flat in Chadwell Heath. Conveyancing and Birmingham Midshires mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Chadwell Heath who previously acted has now retired.Any advice?

First contact the Land Registry 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 instruct a Chadwell Heath conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

When appointing a property lawyer for lease extension works (regardless if they are a Chadwell Heath conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Chadwell Heath conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

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

    • Can you provide any top tips for leasehold conveyancing in Chadwell Heath from the point of view of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Chadwell Heath can be avoided if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
    • The majority landlords or managing agents in Chadwell Heath levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Chadwell Heath.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Chadwell Heath state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the approvals in place you should not contact the landlord without checking with your conveyancer first.
  • A minority of Chadwell Heath leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly 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 purchasers or their solicitors.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Organising a replacement share certificate is often a lengthy formality and delays many a Chadwell Heath conveyancing deal. If a new share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • I am the proprietor of a basement flat in Chadwell Heath. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?

    Where there is a missing freeholder or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the sum to be paid.

    An example of a Lease Extension matter before the tribunal for a Chadwell Heath premises 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 related to 1 flat. The remaining number of years on the lease was 61.36 years.

    What are the frequently found problems that you come across in leases for Chadwell Heath properties?

    Leasehold conveyancing in Chadwell Heath is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Skipton Building Society, and TSB all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Other Topics

    Lease Extensions in Chadwell Heath