Leasehold Conveyancing in Walton on the Naze - Get a Quote from the leasehold experts approved by your lender

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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Walton on the Naze, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Sample questions relating to Walton on the Naze leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Walton on the Naze. Before I get started I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and most 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 would like to rent out my leasehold flat in Walton on the Naze. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Some leases for properties in Walton on the Naze 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.

Having checked my lease I have discovered that there are only Seventy years remaining on my flat in Walton on the Naze. I now wish to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. In some cases an enquiry agent should be useful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court covering Walton on the Naze.

Planning to exchange soon on a studio apartment in Walton on the Naze. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • Setting out your legal entitlements in relation to the communal areas in the building.For example, does the lease provide for a right of way over a path or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the property, or having a home office for business
  • 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
  • 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 property and do you know what it means in practice?
  • 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 included in your report on your leasehold property in Walton on the Naze please ask your conveyancer in advance of your conveyancing in Walton on the Naze

    • Can you provide any advice for leasehold conveyancing in Walton on the Naze from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Walton on the Naze can be bypassed where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
    • A minority of Walton on the Naze leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unsettled.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a re-issued share certificate can be a lengthy formality and frustrates many a Walton on the Naze conveyancing deal. If a reissued share certificate is necessary, do contact the company officers or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Walton on the Naze Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

      Is there a share of the freehold? Is anyone aware of any major works in the near future that will likely add a premium to the service costs? What is the service charge and ground rent on the flat?

    Other Topics

    Lease Extensions in Walton on the Naze