Planning to complete next month on a studio apartment in Henlow. Conveyancing lawyers assured me that they are sending me a report tomorrow. What should I be looking out for?

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

• You should be sent a copy of the lease

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

Will you be prohibited or prevented from having pets in the property?

Does the lease prevent you from subletting the flat, or having a home office for business

You should have a good understanding of the insurance provisions

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

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 For a comprehensive list of information to be contained in your report on your leasehold property in Henlow please enquire of your conveyancer in ahead of your conveyancing in Henlow

I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Henlow. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

Most houses in Henlow are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Henlow in which case you should be shopping around for a Henlow conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

Do you have any advice for leasehold conveyancing in Henlow with the aim of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Henlow 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 information which will be required by the buyers lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Henlow leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you dont have the approvals in place do not communicate with the landlord without checking with your lawyer first.

A minority of Henlow leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The 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 there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a flat where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved.

If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Arranging a replacement share certificate can be a lengthy formality and delays many a Henlow conveyancing deal. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

Completion in due on the disposal of our £400000 garden flat in Henlow in seven days. The management company has quoted £300 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Henlow?

Henlow conveyancing on leasehold flats normally necessitates fees being levied by management companies :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Henlow
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Henlow leasehold premises is £350. For Henlow conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

What makes a Henlow lease defective?

There is nothing unique about leasehold conveyancing in Henlow. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• 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

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Leeds Building Society, and Platform Home Loans Ltd 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, forcing the buyer to withdraw.

Henlow Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

Best to be warned if a new roof is being installed or some other major work is anticipated that will be shared amongst the leasehold owners and may well dramatically increase the the service charges or result in a one off payment. How much is the service charge and ground rent on the property? Many Henlow leasehold apartments will be liable to pay a service charge for maintenance of the block set on behalf of the freeholder. If you buy the property you will have to pay this liability, usually in instalments during the year. This can differ from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a ground rent for you to pay yearly, ordinarily this is not a large sum, say about £25-£75 but you need to enquire as on occasion it could be prohibitively expensive.

Other Topics

Lease Extensions in Henlow