I am in need of some leasehold conveyancing in Shenfield. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Shenfield - 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.

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

Even though your previous Shenfield conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must seek permission via your landlord or other appropriate person in advance of subletting. This means that you cannot sublet without prior permission. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

I have recently realised that I have Sixty One years unexpired on my lease in Shenfield. I am keen to extend my lease but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. In some cases a specialist should be helpful to carry out a search and prepare a report which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court covering Shenfield.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Shenfield.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge invoice – should I leave it to the buyer to sort out?

It best that you discharge the invoice 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 until 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.

In relation to leasehold conveyancing in Shenfield what are the most frequent lease problems?

Leasehold conveyancing in Shenfield is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Barnsley Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Leasehold Conveyancing in Shenfield - Sample of Questions you should consider before Purchasing

The best form of lease structure is a share of the freehold. In this scenario the leaseholders have being in charge if their destiny and even though a managing agent is usually retained where it is bigger than a house conversion, the managing agent is directed by the tenants. Are any of leasehold owners in arrears of their service charge liability? It is important to be aware whether redecorating or some other significant cost is due in the foreseeable future to be shared by the tenants and will materially increase the the maintenance costs or result in a specific payment.

Other Topics

Lease Extensions in Shenfield