Recently asked questions relating to Foots Cray leasehold conveyancing
Due to sign contracts shortly on a ground floor flat in Foots Cray. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Foots Cray should include some of the following:
- Setting out your legal entitlements in respect of common areas in the building.By way of example, does the lease contain a right of way over an accessway or staircase?
- Whether the lease restricts you from renting out the property, or working from home
- 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
- An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
- 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
- What the implications are if you breach a clause of your lease?
What are your top tips when it comes to choosing a Foots Cray conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Foots Cray conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Foots Cray conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- How experienced is the practice with lease extension legislation?
- What are the costs for lease extension conveyancing?
Can you provide any top tips for leasehold conveyancing in Foots Cray from the point of view of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Foots Cray can be reduced where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the purchasers’ lawyers.
- Many freeholders or managing agents in Foots Cray levy fees for providing management packs for a leasehold property. 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 reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Foots Cray.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Foots Cray state that internal structural alterations or installing wooden flooring require a licence from the Landlord approving such alterations. If you dont have the consents in place do not contact the landlord without checking with your conveyancer first.
- If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to reveal the dispute as over rather than unsettled.
- If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a new share certificate is often a time consuming formality and frustrates many a Foots Cray conveyancing deal. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
Completion in due on our sale of a £ 125000 flat in Foots Cray next Wednesday . The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Foots Cray?
Foots Cray conveyancing on leasehold flats usually involves the purchaser’s solicitor sending enquiries for the landlord to answer. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They are at liberty levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, without which the invoice is not strictly payable. Reality however dictates that one has little choice but to pay whatever is requested of you should you wish to complete the sale of your home.
Having spent months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Foots Cray. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Absolutely. We can put you in touch with a Foots Cray conveyancing firm who can help.
An example of a Lease Extension decision for a Foots Cray premises is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case affected 1 flat.
What makes a Foots Cray lease defective?
Leasehold conveyancing in Foots Cray is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain elements of the building
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Norwich and Peterborough Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.
I inherited a 2 bed flat in Foots Cray, conveyancing having been completed 2008. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Foots Cray with a long lease are worth £260,000. The ground rent is £50 per annum. The lease ceases on 21st October 2097
With 71 years left to run the likely cost is going to be between £9,500 and £11,000 as well as costs.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first seeking the advice of a professional.