Leasehold Conveyancing in St Paul's Cray - Get a Quote from the leasehold experts approved by your lender

Whether you are buying or selling leasehold flat in St Paul's Cray, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a St Paul's Cray conveyancing lawyer with our search tool

Questions and Answers: St Paul's Cray leasehold conveyancing

I am in need of some leasehold conveyancing in St Paul's Cray. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and 99.9% are in St Paul's Cray - 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 am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in St Paul's Cray. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

The majority of houses in St Paul's Cray are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in St Paul's Cray so you should seriously consider looking for a St Paul's Cray conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer will appraise you on the various issues.

What are your top tips when it comes to choosing a St Paul's Cray conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a St Paul's Cray conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non St Paul's Cray conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How many lease extensions has the firm conducted in St Paul's Cray in the last 12 months?
  • Can they put you in touch with client in St Paul's Cray who can give a testimonial?

Do you have any advice for leasehold conveyancing in St Paul's Cray from the point of view of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in St Paul's Cray can be bypassed if you instruct lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
  • The majority landlords or Management Companies in St Paul's Cray charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for 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 common cause of delay in leasehold conveyancing in St Paul's Cray.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? St Paul's Cray leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such alterations. If you dont have the approvals to hand you should not contact the landlord without contacting your lawyer in the first instance.
  • Some St Paul's Cray 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 obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 purchasers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle 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 particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unsettled.

All being well we will complete the disposal of our £ 425000 maisonette in St Paul's Cray in six days. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in St Paul's Cray?

St Paul's Cray conveyancing on leasehold flats more often than not requires the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to answer such questions the majority will be content to do so. They are entitled charge a reasonable charge for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The management information fee required by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, otherwise the invoice is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.

I am the proprietor of a garden flat in St Paul's Cray. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?

You certainly can. We can put you in touch with a St Paul's Cray conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a St Paul's Cray property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired term was 50.57 years.

St Paul's Cray Leasehold Conveyancing - Sample of Queries Prior to Purchasing

    Be sure to enquire if the the lease includes any onerous restrictions in the lease. For example plenty of leases prohibit pets being allowed in certain buildings in St Paul's Cray. If you like the flatin St Paul's Cray yet your cat can’t live with you then you will be presented with a hard choice. This question is important as a) areas may cause problems for the building as the common areas may begin to deteriorate if repairs are not paid for b) if the leaseholders have a dispute with the running of the building you will want to have complete disclosure