Due to sign contracts shortly on a basement flat in Westcliff On Sea. Conveyancing solicitors assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

I own a leasehold house in Westcliff On Sea. Conveyancing and Nottingham Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Westcliff On Sea who previously acted has long since retired.Do I pay?

The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to instruct a Westcliff On Sea conveyancing practitioner to do this as it can be done on-line for £3. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold house in Westcliff On Sea. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I am employed by a reputable estate agent office in Westcliff On Sea where we have witnessed a few leasehold sales put at risk due to short leases. I have received contradictory information from local Westcliff On Sea conveyancing solicitors. Can you confirm whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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 buyer.

What advice can you give us when it comes to finding a Westcliff On Sea conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Westcliff On Sea conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Westcliff On Sea conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• How experienced is the firm with lease extension legislation?

Westcliff On Sea Leasehold Conveyancing - Sample of Queries Prior to buying

What is the service charge and ground rent on the flat? The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the tenants benefit from control and although a managing agent is frequently employed where it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Many Westcliff On Sea leasehold apartments will incur a service bill for the upkeep of the building invoiced by the freeholder. If you purchase the property you will have to meet this liability, normally periodically throughout the year. This can vary from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a rentcharge to be met yearly, this is usually not a significant figure, say approximately £25-£75 but you need to enquire it because sometimes it could be prohibitively expensive.

Other Topics

Lease Extensions in Westcliff On Sea