I am in need of some leasehold conveyancing in Stansted. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

Assuming the lease is registered - and 99.9% are in Stansted - 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 let out my leasehold flat in Stansted. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your last Stansted conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to obtain permission from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

My wife and I purchased a leasehold house in Stansted. Conveyancing and The Mortgage Works 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 demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Stansted who previously acted has long since retired.What should I do?

First contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Stansted conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you offer any advice when it comes to choosing a Stansted conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Stansted conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Stansted conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How many lease extensions has the firm carried out in Stansted in the last twenty four months?

In relation to leasehold conveyancing in Stansted what are the most common lease defects?

Leasehold conveyancing in Stansted is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Virgin Money, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.

Stansted Conveyancing for Leasehold Flats - Sample of Queries before buying

Its a good idea to discover as much as you can regarding the managing agents as they can either make life much simpler or uncomfortable. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical issues such as the cleanliness of the communal areas. Don't be afraid to ask prospective neighbours what they think of them. On a final note, investigate as to the dates that the maintenance charges are due to the managing agents and specifically what you get for your money. Many Stansted leasehold properties will be liable to pay a service bill for the upkeep of the block invoiced on behalf of the management company. If you purchase the apartment you will have to pay this liability, usually in instalments accross the year. This could differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met annual, ordinarily this is not a large sum, say about £25-£75 but you should to check as sometimes it could be prohibitively expensive. For most Stansted leaseholds the cost for major works are not built into the maintenance charges, although there some managing agents in Stansted require tenants to pay into a sinking fund created for the specific purpose of building a fund for major works.

Other Topics

Lease Extensions in Stansted