I own a leasehold flat in South Woodham Ferrers. Conveyancing and Halifax mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in South Woodham Ferrers who acted for me is not around.Do I pay?

The first thing you should do is contact HMLR to make sure that this person is in fact the new freeholder. It is not necessary to instruct a South Woodham Ferrers conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a busy estate agent office in South Woodham Ferrers where we see a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local South Woodham Ferrers conveyancing firms. Could you clarify whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is 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 purchaser.

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

When appointing a property lawyer for lease extension works (regardless if they are a South Woodham Ferrers conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non South Woodham Ferrers conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If the firm is not ALEP accredited then what is the reason?

We expect to complete our sale of a £225000 maisonette in South Woodham Ferrers in just under a week. The managing agents has quoted £348 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in South Woodham Ferrers?

South Woodham Ferrers conveyancing on leasehold flats usually necessitates the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries most will be content to assist. They may invoice a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge required by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the invoice is technically not due. In reality one has little choice but to pay whatever is requested of you if you want to sell the property.

What makes a South Woodham Ferrers lease unmortgageable?

Leasehold conveyancing in South Woodham Ferrers is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations 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

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Skipton Building Society, and TSB 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 provide security, obliging the buyer to pull out.

South Woodham Ferrers Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

Is there a share of the freehold? Generally speaking the cost for major works tend not to be wrapped into the service charges, although there some managing agents in South Woodham Ferrers require leasehold owners to contribute towards a sinking fund created for the specific intention of establishing a fund for larger works. How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in South Woodham Ferrers