I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in North Ockendon. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in North Ockendon ?

Most houses in North Ockendon are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in North Ockendon in which case you should be looking for a North Ockendon conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your lawyer will advise you fully on all the issues.

Last month I purchased a leasehold flat in North Ockendon. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner 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 ensure 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).

I am a negotiator for a reputable estate agent office in North Ockendon where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local North Ockendon conveyancing solicitors. Could you clarify whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you provide any advice for leasehold conveyancing in North Ockendon with the aim of speeding up the sale process?

• Much of the delay in leasehold conveyancing in North Ockendon can be bypassed if you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
• The majority landlords or Management Companies in North Ockendon charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in North Ockendon.

If all goes to plan we aim to complete our sale of a £400000 flat in North Ockendon next week. The landlords agents has quoted £312 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in North Ockendon?

North Ockendon conveyancing on leasehold apartments often necessitates the purchaser’s lawyer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address such questions most will be willing to do so. They are entitled charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it is above £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, without which the invoice is technically not due. Reality however dictates that you have no option but to pay whatever is demanded should you wish to sell the property.

After months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in North Ockendon. Can we issue an application to the Residential Property Tribunal Service?

Most certainly. We can put you in touch with a North Ockendon conveyancing firm who can help.

An example of a Lease Extension case for a North Ockendon property is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The the unexpired residue of the current lease was 57.5 years.

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Lease Extensions in North Ockendon