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

If the lease is recorded at the land registry - and most are in Shoeburyness - 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.

Having checked my lease I have discovered that there are only 68 years unexpired on my flat in Shoeburyness. I need to extend my lease but my freeholder is missing. What are my options?

On the basis that 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 extended by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist may be useful to carry out a search and prepare an expert document which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the application to the County Court covering Shoeburyness.

I am looking at a couple of maisonettes in Shoeburyness both have approximately 50 years left on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Shoeburyness. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the value of the lease deteriorate and it becomes more costly to acquire a lease extension. This is why it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a solicitor and surveyor with experience in this field

Last month I purchased a leasehold house in Shoeburyness. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner 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).

Completion in due on the sale of our £250000 flat in Shoeburyness in six days. The managing agents has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Shoeburyness?

Shoeburyness conveyancing on leasehold flats usually involves fees being levied by management companies :

• Answering pre-contract questions
• Where consent is required before sale in Shoeburyness
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Shoeburyness leasehold property is £350. For Shoeburyness conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Shoeburyness Conveyancing for Leasehold Flats - Sample of Queries before buying

It is important to be aware if a new roof is being installed or some other major work is due in the near future that will be shared by the leasehold owners and will materially impact the level of the service charges or require a specific invoice. Are any of leasehold owners in dispute over their service charge liability? Its a good idea to find out as much as possible concerning the managing agents as they can either make your living at the property much simpler or a lot more difficult. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters such as the upkeep of the common parts. Enquire of other people if they are happy with them. Finally, find out the dates that the service charges are due to the appropriate party and precisely what you get for your money.

Other Topics

Lease Extensions in Shoeburyness