Fixed-fee leasehold conveyancing in Ongar:

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Ongar leasehold conveyancing: Q and A’s

I want to rent out my leasehold apartment in Ongar. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Ongar do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Due to sign contracts shortly on a leasehold property in Ongar. Conveyancing lawyers inform me that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Ongar should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the demise. This will be the apartment itself but might incorporate a roof space or cellar if applicable.
  • Defining your rights in respect of the communal areas in the block.By way of example, does the lease permit a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • Does the lease prevent you from renting out the flat, or working from home
  • You need to be told what constitutes a Nuisance in the lease
  • 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 For details of the information to be contained in your report on your leasehold property in Ongar please ask your conveyancer in advance of your conveyancing in Ongar

  • I've recently bought a leasehold house in Ongar. Am I liable to pay service charges relating to a period prior to my ownership?

    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. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

    I work for a reputable estate agency in Ongar where we have witnessed a number of leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Ongar conveyancing firms. Could you confirm whether the owner of a flat can start the lease extension process for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 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 disposal of the property.

    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.

    What advice can you give us when it comes to choosing a Ongar conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Ongar conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Ongar conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

    • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Ongar who can give a testimonial?

  • I bought a garden flat in Ongar, conveyancing formalities finalised 2010. Can you work out an approximate cost of a lease extension? Similar flats in Ongar with an extended lease are worth £230,000. The ground rent is £60 per annum. The lease finishes on 21st October 2074

    You have 52 years left to run we estimate the premium for your lease extension to span between £29,500 and £34,000 as well as legals.

    The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of detailed due diligence. Do not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Ongar