Leasehold Conveyancing in Tiptree - Get a Quote from the leasehold experts approved by your lender

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Recently asked questions relating to Tiptree leasehold conveyancing

My fiance and I may need to rent out our Tiptree ground floor flat for a while due to a career opportunity. We instructed a Tiptree conveyancing firm in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Tiptree do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Planning to sign contracts shortly on a studio apartment in Tiptree. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from renting out the property, or working from home
  • You should be told what counts as a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • 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 you can do 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 Tiptree please ask your solicitor in ahead of your conveyancing in Tiptree

  • I am looking at a two maisonettes in Tiptree both have in the region of forty five years unexpired on the lease term. should I be concerned?

    There are plenty of short leases in Tiptree. The lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease reduces and it becomes more expensive to extend the lease. This is why it is advisable to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this field

    I am employed by a long established estate agency in Tiptree where we have witnessed a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Tiptree conveyancing firms. Could you confirm whether the seller of a flat can instigate the lease extension formalities for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-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 needs to be completed prior to, 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.

    Are there frequently found problems that you see in leases for Tiptree properties?

    Leasehold conveyancing in Tiptree is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses 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
    • 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

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, The Mortgage Works, and Clydesdale 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 problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Leasehold Conveyancing in Tiptree - Examples of Questions you should consider before buying

      How much is the annual service fee and ground rent? It is important to be aware whether changing the roof or some other major work is due shortly that will be shared amongst the leasehold owners and will materially impact the level of the service fees or result in a specific invoice. The answer will be helpful as a) areas can result in problems for the building as the common areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the running of the building you will need to know about it

    Other Topics

    Lease Extensions in Tiptree