Fixed-fee leasehold conveyancing in Upminster:

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Leasehold conveyancing in Upminster is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Upminster and throughout next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Sample questions relating to Upminster leasehold conveyancing

My partner and I may need to sub-let our Upminster garden flat temporarily due to a career opportunity. We instructed a Upminster conveyancing firm in 2001 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Upminster conveyancing solicitor is not around you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must seek consent via your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Looking forward to sign contracts shortly on a basement flat in Upminster. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Upminster 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
  • The physical extent of the premises. This will be the property itself but could also incorporate a roof space or basement if appropriate.
  • Are you allowed to have a pet in the flat?
  • You need to be told what constitutes a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Upminster please ask your conveyancer in advance of your conveyancing in Upminster

    • I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Upminster. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

    Most houses in Upminster are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Upminster in which case you should be shopping around for a Upminster conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.

    My wife and I purchased a leasehold flat in Upminster. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Upminster who previously acted has long since retired.What should I do?

    The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Upminster conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

    • Much of the delay in leasehold conveyancing in Upminster can be reduced where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • Many freeholders or Management Companies in Upminster levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Upminster.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Upminster state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such works. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your conveyancer in advance.
  • A minority of Upminster leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain 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 hold a share in a the Management Company, you should make sure that you hold the original share certificate. Arranging a new share certificate can be a time consuming process and slows down many a Upminster home move. If a reissued share certificate is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.

    • Despite our best endeavours, we have been unsuccessful in seeking a lease extension in Upminster. Can this matter be resolved via the Leasehold Valuation Tribunal?

    Absolutely. We are happy to put you in touch with a Upminster conveyancing firm who can help.

    An example of a Lease Extension decision for a Upminster premises 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 affected 1 flat. The the unexpired term as at the valuation date was 57.5 years.

    Other Topics

    Lease Extensions in Upminster