Frequently asked questions relating to Redbridge leasehold conveyancing
I am on look out for some leasehold conveyancing in Redbridge. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is registered - and 99.9% are in Redbridge - 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 appointed agents to market my 2 bed flat in Redbridge.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?
The sensible thing to do is pay the invoice 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 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. Having a clear account will assist your cause and will leave you no worse off financially.
Back In 2003, I bought a leasehold flat in Redbridge. Conveyancing and Chelsea Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Redbridge who previously acted has now retired.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Redbridge conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am a negotiator for a busy estate agent office in Redbridge where we have experienced a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Redbridge conveyancing firms. Can you confirm whether the seller of a flat can commence the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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.
What are your top tips when it comes to choosing a Redbridge conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Redbridge conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Redbridge conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- What volume of lease extensions has the firm carried out in Redbridge in the last twenty four months?
- What are the legal fees for lease extension conveyancing?
I have had difficulty in trying to reach an agreement for a lease extension in Redbridge. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We can put you in touch with a Redbridge conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Redbridge premises is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The the number of years remaining on the existing lease(s) was 65 and 61.
I inherited a basement flat in Redbridge, conveyancing was carried out in 1998. How much will my lease extension cost? Similar properties in Redbridge with over 90 years remaining are worth £228,000. The average or mid-range amount of ground rent is £60 charged once a year. The lease ceases on 21st October 2087
With just 61 years left to run we estimate the price of your lease extension to range between £20,000 and £23,000 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.