I would like to rent out my leasehold apartment in Thurrock. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Thurrock conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

I've recently bought a leasehold house in Thurrock. Do I have any liability for service charges relating to a period prior to my ownership?

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).

Do you have any top tips for leasehold conveyancing in Thurrock with the intention of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Thurrock can be bypassed if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• Many landlords or managing agents in Thurrock levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Thurrock.

If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle 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 historic rather than unresolved.

If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate is often a time consuming process and delays many a Thurrock conveyancing deal. Where a new share is needed, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. It is therefore important 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.

We expect to complete the sale of our £425000 flat in Thurrock in just under a week. The management company has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Thurrock?

Thurrock conveyancing on leasehold maisonettes usually necessitates fees being invoiced by managing agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Thurrock
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Thurrock leasehold premises is £350. For Thurrock 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 required to provide answers.

In relation to leasehold conveyancing in Thurrock what are the most common lease problems?

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

• A provision to repair to or maintain parts of the property
• A duty to insure the building
• 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 may have 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. HSBC Bank, Skipton Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to pull out.

Thurrock Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Does the lease contain onerous restrictions? Its a good idea to discover as much as possible about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the tidiness of the communal areas. You should not be shy to ask other people if they are happy with their management. On a final note, find out the dates that the service charges are due to the relevant party and precisely what you get for your money. The answer will be helpful as a) areas can result in problems in the block as the communal areas may begin to deteriorate if services are not paid for b) if the leaseholders have a dispute with the running of the building you will want to know about it

Other Topics

Lease Extensions in Thurrock