Fixed-fee leasehold conveyancing in Writtle:

While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Writtle, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Writtle leasehold conveyancing Example Support Desk Enquiries

Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Writtle. I am keen to extend my lease but my freeholder is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases a specialist should be useful to conduct investigations and to produce a report which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Writtle.

Expecting to complete next month on a studio apartment in Writtle. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • How long the lease is 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
  • The physical extent of the premises. This will be the apartment itself but could also incorporate a roof space or basement if appropriate.
  • Will you be prohibited or prevented from having pets in the property?
  • Repair and maintenance of the flat
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Writtle please ask your conveyancer in advance of your conveyancing in Writtle

  • I've recently bought a leasehold property in Writtle. Am I liable to pay service charges for periods before my ownership?

    Where the service charge has already been demanded from the previous lessee 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 ensure 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 long established estate agent office in Writtle where we see a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local Writtle conveyancing firms. Could you shed some light as to whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?

    Provided that 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. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. 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.

    An alternative approach is 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.

    If all goes to plan we aim to complete the sale of our £300000 garden flat in Writtle in just under a week. The management company has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Writtle?

    Writtle conveyancing on leasehold flats more often than not requires the buyer’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to assist. They are entitled levy a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. Reality however dictates that you have no choice but to pay whatever is demanded should you wish to complete the sale of your home.

    Writtle Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

      Best to be warned whether changing the roof or some other major work is anticipated that will be shared amongst the leaseholders and will materially increase the the maintenance charges or necessitate a specific payment. How much is the ground rent and service charge? You should be aware that where the lease has less than 80 years it will impact the marketability of the apartment. It is worth checking with your bank that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease at some point and it is worth discovering what this will be. Remember, in most cases you would be required to have owned the property for a couple of years in order to be legally able to extend the lease.

    Other Topics

    Lease Extensions in Writtle