Fixed-fee leasehold conveyancing in Tiptree:

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Recently asked questions relating to Tiptree leasehold conveyancing

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

Assuming the lease is registered - and most are in Tiptree - 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 am hoping to exchange soon on a ground floor flat in Tiptree. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • Defining your legal entitlements in respect of common areas in the building.E.G., does the lease grant a right of way over an accessway or staircase?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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 reserve fund?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Tiptree please enquire of your solicitor in advance of your conveyancing in Tiptree

    • My wife and I purchased a leasehold house in Tiptree. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Tiptree who acted for me is not around.Do I pay?

    First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Tiptree conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, 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 tempted by the attractive purchase price for a two apartments in Tiptree which have approximately forty five years remaining on the lease term. Will this present a problem?

    There are plenty of short leases in Tiptree. The lease is a right to use the property for a period of time. As the lease gets shorter the marketability of the lease reduces and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this field

    I am a negotiator for a long established estate agent office in Tiptree where we have experienced a few leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local Tiptree conveyancing firms. Could you confirm whether the vendor of a flat can initiate the lease extension process for the buyer?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as 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.

    I am the registered owner of a ground floor flat in Tiptree, conveyancing formalities finalised 8 years ago. How much will my lease extension cost? Equivalent flats in Tiptree with over 90 years remaining are worth £224,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease ends on 21st October 2104

    With 78 years left to run the likely cost is going to range between £10,500 and £12,000 as well as professional fees.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Tiptree