Leasehold Conveyancing in Shenfield - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Shenfield, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Shenfield leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Shenfield. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Shenfield - then the leasehold title will always include the basic details 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.

I wish to rent out my leasehold apartment in Shenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Your lease dictates the relationship between the freeholder and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Shenfield do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Shenfield. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Shenfield ?

The majority of houses in Shenfield are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Shenfield so you should seriously consider looking for a Shenfield conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold house in Shenfield. Conveyancing and Britannia mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Shenfield who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Shenfield conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Do you have any advice for leasehold conveyancing in Shenfield from the point of view of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Shenfield can be avoided if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Shenfield leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. Should you fail to have the consents to hand do not contact the landlord without checking with your conveyancer first.
  • A minority of Shenfield leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be nervous about purchasing a property where there is a current 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Arranging a replacement share certificate is often a time consuming process and delays many a Shenfield home move. If a reissued share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Shenfield Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

      How many of the leaseholders are in arrears for their maintenance charge payments? The answer will be helpful as a) areas can result in problems for the building as the common areas may begin to deteriorate where repairs are not paid for b) if the tenants have an issue with the running of the building you will want to have full disclosure Many Shenfield leasehold flats will have a service charge for maintenance of the building set on behalf of the freeholder. If you acquire the flat you will have to meet this charge, usually periodically accross the year. This may vary from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met annual, this is usually not a exorbitant figure, say around £25-£75 but you need to check it because sometimes it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Shenfield