Fixed-fee leasehold conveyancing in Sanderstead:

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When it comes to leasehold conveyancing in Sanderstead, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your lender is to be Lloyds, Birmingham Midshires or Nationwide make sure you choose a lawyer on their approved list. Find a Sanderstead conveyancing lawyer with our search tool

Sample questions relating to Sanderstead leasehold conveyancing

I am on look out for some leasehold conveyancing in Sanderstead. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Sanderstead - 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 started marketing my 2 bed flat in Sanderstead.Conveyancing has not commenced but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear 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 management companies will not acknowledge the buyer unless 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.

I've recently bought a leasehold property in Sanderstead. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation 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).

Do you have any advice for leasehold conveyancing in Sanderstead with the aim of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Sanderstead can be avoided if you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation needed by the buyers representatives.
  • The majority freeholders or Management Companies in Sanderstead levy fees for supplying management packs for a leasehold premises. 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 typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Sanderstead.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Sanderstead leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the approvals in place do not contact the landlord without contacting your lawyer in advance.
  • Some Sanderstead leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 lawyers.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate can be a time consuming formality and slows down many a Sanderstead home move. If a reissued share certificate is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

    • Following years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Sanderstead. Can we issue an application to the Residential Property Tribunal Service?

    in cases where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to determine the price.

    An example of a Freehold Enfranchisement matter before the tribunal for a Sanderstead flat is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case related to 6 flats. The unexpired lease term was 78.32 years.

    Are there common problems that you encounter in leases for Sanderstead properties?

    Leasehold conveyancing in Sanderstead is not unique. All leases are unique and legal mistakes in the legal wording can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter difficulties 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 Britannia all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Other Topics

    Lease Extensions in Sanderstead