I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Whitechapel. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Whitechapel ?

Most houses in Whitechapel are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Whitechapel in which case you should be looking for a Whitechapel conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer should report to you on the legal implications.

I am looking at a two flats in Whitechapel both have approximately fifty years unexpired on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold flat in Whitechapel. Am I liable to pay service charges for periods before completion of my purchase?

In a situation 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. 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).

Can you offer any advice when it comes to choosing a Whitechapel conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Whitechapel conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Whitechapel conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• How familiar is the practice with lease extension legislation?
• What volume of lease extensions has the firm conducted in Whitechapel in the last 12 months?

Do you have any advice for leasehold conveyancing in Whitechapel from the point of view of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Whitechapel can be reduced where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
• The majority landlords or Management Companies in Whitechapel charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Whitechapel.
• If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Whitechapel state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you dont have the approvals to hand you should not contact the landlord without checking with your solicitor first.
• If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
• If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a lengthy process and frustrates many a Whitechapel home move. If a reissued share is necessary, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.

I have tried to negotiate informally with with my landlord to extend my lease without success. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Whitechapel conveyancing firm to represent me?

Most certainly. We can put you in touch with a Whitechapel conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Whitechapel residence is 1-41 Royal Tower Lodge 40 Cartwright Street in April 2013. the tribunal adding the agreed value of capitalised ground rents and the reversion the price to be paid for the freehold was £1,187,000 This case affected 41 flats. The unexpired lease term was 107 years.

Whitechapel Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

How much is the annual maintenance fee and ground rent? Please note if it is fewer than eighty years it will impact the marketability of the apartment. Check with your lender that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and it is worth discovering how much this will be. Remember, in most cases you would need to own the property for two years before you are entitled to exercise a lease extension.