Fixed-fee leasehold conveyancing in Walton on the Naze:

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Examples of recent questions relating to leasehold conveyancing in Walton on the Naze

I am in need of some leasehold conveyancing in Walton on the Naze. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Walton on the Naze - 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 complete next month on a basement flat in Walton on the Naze. Conveyancing solicitors assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • 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
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Walton on the Naze please enquire of your conveyancer in advance of your conveyancing in Walton on the Naze

    • My wife and I purchased a leasehold house in Walton on the Naze. Conveyancing and Birmingham Midshires mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Walton on the Naze who acted for me is not around.Any advice?

    First contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Walton on the Naze conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, 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 couple of flats in Walton on the Naze which have about 50 years unexpired on the leases. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Walton on the Naze. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the value of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena

    I am employed by a busy estate agency in Walton on the Naze where we have witnessed a few flat sales derailed as a result of short leases. I have been given conflicting advice from local Walton on the Naze conveyancing solicitors. Please can you confirm whether the vendor of a flat can initiate the lease extension process for the buyer?

    As long as the seller has been the owner 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 proposed purchaser 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 at the same time as completion of the disposal of the property.

    Alternatively, it may be possible 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 buyer.

    Leasehold Conveyancing in Walton on the Naze - A selection of Queries before buying

      How much is the ground rent and service charge? The prefered form of lease arrangement is a share of the freehold. In this arrangement the lessees enjoy being in charge if their destiny and notwithstanding that a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent retained by the leaseholders. Who takes charge for maintaining and repairing the block?

    Other Topics

    Lease Extensions in Walton on the Naze