Fixed-fee leasehold conveyancing in West Ewell:

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in West Ewell, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to West Ewell leasehold conveyancing

I am on look out for some leasehold conveyancing in West Ewell. Before diving in I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in West Ewell - then the leasehold title will always include the basic details 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.

Looking forward to complete next month on a studio apartment in West Ewell. Conveyancing solicitors inform 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 West Ewell should include some of the following:

  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Does the lease prohibit wood flooring?
  • You need to be told what constitutes a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • 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
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in West Ewell please ask your lawyer in advance of your conveyancing in West Ewell

    • I’m about to sell my basement flat in West Ewell.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge invoice – what should I do?

    Your conveyancing lawyer is likely to suggest that you should pay the invoice 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 management companies 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.

    Do you have any advice for leasehold conveyancing in West Ewell with the intention of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in West Ewell can be bypassed where you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers conveyancers.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? West Ewell leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. Should you fail to have the approvals to hand you should not contact the landlord without contacting your lawyer first.
  • A minority of West Ewell leases require Licence to Assign from the landlord. 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 will need to confirm that the buyers are financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Obtaining a new share certificate can be a time consuming formality and delays many a West Ewell conveyancing deal. If a reissued share certificate is needed, you should approach the company officers or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a West Ewell lease defective?

    Leasehold conveyancing in West Ewell is not unique. All leases are unique and legal mistakes in the legal wording can result in certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the property
    • 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Chelsea Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

    West Ewell Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      Its a good idea to discover as much as you can about the company managing the block as they will either make life much easier or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to daily issues such as the upkeep of the common parts. Don't be shy to ask other tenants what they think of them. On a final note, be sure you know the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. Does the lease have in excess of 90 years unexpired? The prefered form of lease structure is if the freehold title is owned by the leaseholders. In this scenario the leaseholders have being in charge if their destiny and even though a managing agent is often retained where it is bigger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in West Ewell