Guaranteed fixed fees for 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 mortgage company is to be Santander, Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their approved list. Find a Sanderstead conveyancing lawyer with our search tool

Questions and Answers: Sanderstead leasehold conveyancing

Expecting to sign contracts shortly on a leasehold property in Sanderstead. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Sanderstead should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Setting out your rights in respect of the communal areas in the building.For instance, does the lease include a right of way over a path or staircase?
  • Does the lease prevent you from subletting the property, or working from home
  • 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 options are open to you 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 Sanderstead please ask your solicitor in advance of your conveyancing in Sanderstead

    • I am looking at a two apartments in Sanderstead both have in the region of forty five years left on the leases. Will this present a problem?

    There are plenty of short leases in Sanderstead. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the saleability of the lease reduces and it becomes more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this area

    Last month I purchased a leasehold house in Sanderstead. 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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

    What are your top tips when it comes to finding a Sanderstead conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Sanderstead conveyancing practice) it is most important that they 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 Sanderstead conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Sanderstead who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Sanderstead with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Sanderstead can be reduced where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Sanderstead leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord consenting to such alterations. If you dont have the paperwork in place you should not contact the landlord without contacting your solicitor before hand.
  • Some Sanderstead leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be nervous about purchasing a property where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve 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 present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a lengthy formality and slows down many a Sanderstead conveyancing transaction. Where a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Sanderstead. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    Absolutely. We can put you in touch with a Sanderstead conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Sanderstead property 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 term was 78.32 years.

    Other Topics

    Lease Extensions in Sanderstead