I am in need of some leasehold conveyancing in Tilbury. Before I get started I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and most are in Tilbury - 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 basement flat in Tilbury. Conveyancing lawyers assured me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Tilbury should include some of the following:

• You should receive a copy of the lease

Setting out your legal entitlements in relation to the communal areas in the building.E.G., does the lease grant a right of way over a path or staircase?

You should be told what constitutes a Nuisance in the lease

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

Whether your lease has a provision for a sinking fund?

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Tilbury please enquire of your lawyer in advance of your conveyancing in Tilbury

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Tilbury. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Tilbury ?

Most houses in Tilbury are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Tilbury so you should seriously consider shopping around for a Tilbury conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your solicitor will report to you on the legal implications.

We expect to complete our sale of a £325000 apartment in Tilbury in 10 days. The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Tilbury?

Tilbury conveyancing on leasehold apartments normally involves fees being levied by freeholders :

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

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Tilbury leasehold property is £350. For Tilbury 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 supply answers.

What makes a Tilbury lease unacceptable for security purposes?

Leasehold conveyancing in Tilbury is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements 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 have 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. Birmingham Midshires, Norwich and Peterborough Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

Leasehold Conveyancing in Tilbury - Examples of Questions you should ask Prior to buying

The prefered form of lease structure is where the freehold interest is owned by the leaseholders. In this situation the tenants enjoy control and although a managing agent is usually employed where the building is larger than a house conversion, the managing agent employed by the leaseholders. How many of the leaseholders are in arrears for their maintenance charge payments? In the main the cost for major works are not included within service charges, albeit that there some managing agents in Tilbury require leaseholders to contribute towards a sinking fund created for the specific intention of building a fund for major repairs or maintenance.

Other Topics

Lease Extensions in Tilbury