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Braintree leasehold conveyancing: Q and A’s

I only have Sixty One years left on my lease in Braintree. I now wish to get lease extension but my freeholder is missing. What are my options?

On the basis that 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 mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. On the whole an enquiry agent should be useful to carry out a search and to produce an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the application to the County Court overseeing Braintree.

I’m about to sell my basement flat in Braintree.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – what should I do?

It best that you discharge the service charge 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 managing agents 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.

My wife and I purchased a leasehold flat in Braintree. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Braintree who previously acted has now retired.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Braintree conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two maisonettes in Braintree both have in the region of forty five years unexpired on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the value of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this area

Can you provide any advice for leasehold conveyancing in Braintree from the perspective of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Braintree can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
  • Many freeholders or managing agents in Braintree charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Braintree.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Braintree leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such works. Where you fail to have the consents to hand you should not contact the landlord without checking with your lawyer first.
  • Some Braintree leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents 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 able to meet 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 buyers or their solicitors.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Organising a replacement share certificate can be a time consuming formality and delays many a Braintree home move. Where a duplicate share certificate is necessary, do contact the company officers or managing agents (if applicable) for this as soon as possible.

    • Leasehold Conveyancing in Braintree - A selection of Queries Prior to buying

      Are any of leasehold owners in dispute over their service charge payments? How much is the ground rent and service charge? Make sure you enquire if the the lease contains any adverse restrictions in the lease. By way of example some leases prohibit pets being allowed in in a block in Braintree. If you love the apartmentin Braintree but your dog can’t move with you then you will be faced difficult choice.

    Other Topics

    Lease Extensions in Braintree