Leasehold Conveyancing in Harold Wood - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Harold Wood, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Sample questions relating to Harold Wood leasehold conveyancing

I am in need of some leasehold conveyancing in Harold Wood. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Harold Wood - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Having checked my lease I have discovered that there are only Seventy years left on my lease in Harold Wood. I need to extend my lease but my freeholder is missing. What should I do?

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 for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have used your best endeavours to track down the lessor. In some cases an enquiry agent may be useful to conduct investigations and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Harold Wood.

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

When appointing a property lawyer for lease extension works (regardless if they are a Harold Wood conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Harold Wood conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

  • How many lease extensions have they carried out in Harold Wood in the last 12 months?
  • What are the charges for lease extension conveyancing?

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

    • Much of the delay in leasehold conveyancing in Harold Wood can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Harold Wood state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. If you dont have the approvals to hand do not communicate with the landlord without contacting your solicitor in the first instance.
  • A minority of Harold Wood 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 obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. 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 ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Arranging a re-issued share certificate can be a time consuming formality and delays many a Harold Wood home move. Where a reissued share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Having spent years of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Harold Wood. Can we issue an application to the Residential Property Tribunal Service?

    You certainly can. We are happy to put you in touch with a Harold Wood conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Harold Wood premises is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 57.5 years.

    What makes a Harold Wood lease unmortgageable?

    Leasehold conveyancing in Harold Wood is not unique. All leases is drafted differently and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Clydesdale 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 defective they may refuse to grant the mortgage, obliging the buyer to pull out.

    Other Topics

    Lease Extensions in Harold Wood