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Recently asked questions relating to Elmers End leasehold conveyancing

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I am hoping to sign contracts shortly on a studio apartment in Elmers End. Conveyancing lawyers assured me that they report fully next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Elmers End should include some of the following:

  • Setting out your legal entitlements in relation to common areas in the building.For instance, does the lease include a right of way over a path or staircase?
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease?
For a comprehensive list of information to be included in your report on your leasehold property in Elmers End please enquire of your conveyancer in advance of your conveyancing in Elmers End

I’m about to sell my 2 bed flat in Elmers End.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge invoice – what should I do?

It best that you clear 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 management companies will not acknowledge the buyer until 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.

I've recently bought a leasehold property in Elmers End. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Elmers End from the perspective of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Elmers End can be avoided if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
  • The majority freeholders or Management Companies in Elmers End charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Elmers End.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Elmers End leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such changes. If you fail to have the approvals in place do not contact the landlord without checking with your conveyancer in advance.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is ongoing. You may need to swallow your pride 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Arranging a new share certificate is often a time consuming formality and delays many a Elmers End conveyancing transaction. Where a duplicate share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

All being well we will complete our sale of a £ 225000 maisonette in Elmers End next week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Elmers End?

Elmers End conveyancing on leasehold maisonettes nine out of ten times involves administration charges levied by managing agents :

  • Completing pre-exchange enquiries
  • Where consent is required before sale in Elmers End
  • Supplying insurance information
  • Deeds of covenant upon sale
  • Registering of the assignment of the change of lessee after a sale
Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Elmers End leasehold premises is £350. For Elmers End conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I own a a ground floor purpose built flat in Elmers End. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for the purchase of the freehold?

Most certainly. We are happy to put you in touch with a Elmers End conveyancing firm who can help.

An example of a Lease Extension decision for a Elmers End flat is Flats 55, 67 & 70 Melbourne Court Anerley Road in July 2013. The tribunal calculated that the premium for the extended lease at £48,366.00 for at 55, and £88,329.00 for ats 67 and 70 combined. This case related to 1 flat. The the number of years remaining on the existing lease(s) was 26.38 years.

Elmers End Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

    The majority of Elmers End leasehold properties will be liable to pay a service charge for maintenance of the building set by the freeholder. Should you acquire the flat you will have to meet this charge, usually in instalments throughout the year. This can be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent to be met yearly, normally this is not a exorbitant figure, say approximately £50-£100 but you should to enquire as on occasion it could be prohibitively expensive.