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Common questions relating to Witham leasehold conveyancing

I own a leasehold flat in Witham. Conveyancing and HSBC Bank 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 Witham who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Witham conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to appointing a Witham conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Witham conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Witham 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 familiar is the firm with lease extension legislation?
  • How many lease extensions has the firm carried out in Witham in the last year?

    • Do you have any top tips for leasehold conveyancing in Witham with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Witham can be avoided if you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
    • The majority freeholders or Management Companies in Witham levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Witham.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Witham leases often stipulate that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such works. Where you dont have the consents to hand do not communicate with the landlord without contacting your conveyancer in advance.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a lengthy process and frustrates many a Witham conveyancing transaction. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • Completion in due on our sale of a £500000 flat in Witham in just under a week. The freeholder has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Witham?

    Witham conveyancing on leasehold flats more often than not involves the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to answer such questions most will be willing to assist. They may invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, otherwise the charge is technically not due. Reality however dictates that you have little option but to pay whatever is requested of you if you want to complete the sale of your home.

    In relation to leasehold conveyancing in Witham what are the most common lease problems?

    Leasehold conveyancing in Witham is not unique. Most leases are unique and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Norwich and Peterborough Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Leasehold Conveyancing in Witham - Examples of Queries Prior to buying

      What is the name of the managing agents? Where a Witham lease has less than eighty years it will have adverse implications on the value of the apartment. It is worth checking with your lender that they are willing to to proceed given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth finding out how much this will be. For most Withamlease extensions you would need to own the residence for two years before you are eligible to exercise a lease extension. Most Witham leasehold apartments will incur a service charge for the upkeep of the building invoiced on behalf of the freeholder. If you buy the flat you will have to pay this amount, normally quarterly during the year. This could differ from several hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met annual, normally this is not a large amount, say approximately £25-£75 but you need to enquire as sometimes it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Witham