I am in need of some leasehold conveyancing in Tonbridge. Before I get started I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Tonbridge - 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.

Estate agents have just been given the go-ahead to market my ground floor apartment in Tonbridge.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am looking at a two flats in Tonbridge both have approximately fifty years remaining on the leases. Do I need to be concerned?

There are plenty of short leases in Tonbridge. The lease is a right to use the premises for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this field

I am a negotiator for a long established estate agent office in Tonbridge where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Tonbridge conveyancing solicitors. Please can you clarify whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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.

Can you offer any advice when it comes to finding a Tonbridge conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Tonbridge conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Tonbridge conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?

Tonbridge Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

Best to be warned if redecorating or some other significant cost is anticipated that will be shared by the leasehold owners and could well dramatically impact the level of the maintenance fees or necessitate a specific invoice. It would be sensible to discover as much as possible regarding the managing agents as they will either make your life much simpler or a lot more difficult. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the upkeep of the common parts. Enquire of other tenants what they think of them. On a final note, be sure you discover the dates that the maintenance charges are due to the appropriate party and specifically how they are spending the funds. What is the service charge and ground rent on the property?

Other Topics

Lease Extensions in Tonbridge