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Recently asked questions relating to Long Stratton leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Long Stratton. Before I set the wheels in motion I want to be sure as to the remaining lease term.

If the lease is registered - and most are in Long Stratton - 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.

Due to sign contracts shortly on a leasehold property in Long Stratton. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Long Stratton should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Will you be prohibited or prevented from having pets in the property?
  • 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
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Long Stratton please enquire of your conveyancer in advance of your conveyancing in Long Stratton

    • I own a leasehold flat in Long Stratton. Conveyancing and Birmingham Midshires mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Long Stratton who acted for me is not around.What should I do?

    The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the new freeholder. You do not need to instruct a Long Stratton conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I work for a long established estate agent office in Long Stratton where we have experienced a number of flat sales jeopardised due to short leases. I have been given conflicting advice from local Long Stratton conveyancing solicitors. Could you clarify whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

    An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    Do you have any advice for leasehold conveyancing in Long Stratton with the purpose of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Long Stratton can be bypassed if you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Long Stratton state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such works. If you dont have the paperwork to hand you should not communicate with the landlord without checking with your conveyancer in advance.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Obtaining a new share certificate can be a lengthy formality and slows down many a Long Stratton home move. If a new share is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Long Stratton Leasehold Conveyancing - A selection of Queries before buying

      The best form of lease arrangement is a share of the freehold. In this scenario the leaseholders enjoy being in charge if their destiny and although a managing agent is often retained where it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Its a good idea to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the tidiness of the common parts. Enquire of prospective neighbours whether they are happy with them. On a final note, be sure you understand the dates that the maintenance charges are due to the relevant party and specifically how they are spending that money. It would be sensible to discover if the the lease includes any onerous restrictions in the lease. For instance it is very common in Long Stratton leases that pets are not allowed in certain buildings in Long Stratton. If you love the propertyin Long Stratton however your cat can’t live with you then you have a very difficult choice.

    Other Topics

    Lease Extensions in Long Stratton