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Top Five Questions relating to Southend On Sea leasehold conveyancing

I am in need of some leasehold conveyancing in Southend On Sea. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Southend On Sea - 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.

Due to complete next month on a garden flat in Southend On Sea. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Southend On Sea should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from subletting the property, or working from home
  • You must be told what counts as a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Southend On Sea please enquire of your conveyancer in advance of your conveyancing in Southend On Sea

    • What advice can you give us when it comes to choosing a Southend On Sea conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Southend On Sea conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Southend On Sea conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Southend On Sea who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Southend On Sea with the purpose of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Southend On Sea can be avoided if you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the buyers solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Southend On Sea state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the paperwork in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unsettled.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a new share certificate is often a time consuming process and delays many a Southend On Sea conveyancing deal. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is below 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a Southend On Sea lease unmortgageable?

    Leasehold conveyancing in Southend On Sea is not unique. All leases are unique and drafting errors can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • A duty to insure the building
    • 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 will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Leeds Building Society, and TSB all have very detailed conveyancing instructions 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 buyer to pull out.

    Southend On Sea Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      Please tell me if there are any major works anticipated that will increase the service charges? Who manages the building? It is important to be aware whether window replacement or some other significant cost is coming up to be shared by the tenants and could well materially increase the the service charges or result in a specific payment.

    Other Topics

    Lease Extensions in Southend On Sea