Having had my offer accepted I require leasehold conveyancing in Shenley Brook End. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Shenley Brook End - 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.

Planning to exchange soon on a garden flat in Shenley Brook End. Conveyancing solicitors have said that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Shenley Brook End should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

My wife and I purchased a leasehold flat in Shenley Brook End. Conveyancing and Skipton Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Shenley Brook End who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Shenley Brook End conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note 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.

I am a negotiator for a busy estate agency in Shenley Brook End where we have experienced a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Shenley Brook End conveyancing firms. Can 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. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Are there common defects that you come across in leases for Shenley Brook End properties?

There is nothing unique about leasehold conveyancing in Shenley Brook End. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will 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, Norwich and Peterborough Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Leasehold Conveyancing in Shenley Brook End - Sample of Queries before Purchasing

It would be a good idea to investigate if the the lease includes any unreasonable restrictions in the lease. For example it is reasonably common in Shenley Brook End leases that pets are not permitted in certain buildings in Shenley Brook End. If you like the flatin Shenley Brook End yet your dog can’t live with you then you will be presented with a hard decision. It is important to be aware if window replacement or some other major work is pending that will be shared between the leaseholders and will materially impact the level of the service costs or necessitate a one time payment. Most Shenley Brook End leasehold apartments will be liable to pay a service charge for the upkeep of the block levied by the freeholder. If you acquire the property you will have to meet this contribution, normally in instalments during the year. This may differ from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a ground rent for you to pay annual, normally this is not a large sum, say approximately £25-£75 but you should to enquire it because occasionally it could be prohibitively expensive.

Other Topics

Lease Extensions in Shenley Brook End