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Questions and Answers: Upminster Bridge leasehold conveyancing

There are only Seventy years left on my flat in Upminster Bridge. I am keen to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to find the landlord. In some cases an enquiry agent may be useful to carry out a search and to produce a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court overseeing Upminster Bridge.

Estate agents have just been given the go-ahead to market my basement flat in Upminster Bridge.Conveyancing has not commenced but I have just received a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is clear the service charge 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. This will smooth the conveyancing process.

I today plan to offer on a house that seems to be perfect, at a great figure which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Upminster Bridge. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Upminster Bridge ?

Most houses in Upminster Bridge are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Upminster Bridge so you should seriously consider looking for a Upminster Bridge conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder 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 conduct alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

What are your top tips when it comes to choosing a Upminster Bridge conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Upminster Bridge conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Upminster Bridge conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • What volume of lease extensions have they carried out in Upminster Bridge in the last year?
  • What are the legal fees for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Upminster Bridge from the perspective of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Upminster Bridge can be avoided if you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
    • The majority landlords or Management Companies in Upminster Bridge charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for 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 common reason for frustration in leasehold conveyancing in Upminster Bridge.
  • A minority of Upminster Bridge leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (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 solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Arranging a replacement share certificate is often a lengthy formality and slows down many a Upminster Bridge home move. Where a duplicate share is needed, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • I own a ground flat in Upminster Bridge. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?

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

    An example of a Lease Extension case for a Upminster Bridge residence 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 was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 57.5 years.

    Other Topics

    Lease Extensions in Upminster Bridge