Leasehold Conveyancing in Havering-atte-Bower - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Havering-atte-Bower, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your lender is to be Halifax, Yorkshire Building Society or Bradford & Bingley be sure to find a lawyer on their approved list. Find a Havering-atte-Bower conveyancing lawyer with our search tool

Questions and Answers: Havering-atte-Bower leasehold conveyancing

My wife and I purchased a leasehold flat in Havering-atte-Bower. Conveyancing and Nottingham Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Havering-atte-Bower who previously acted has long since retired.What should I do?

First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Havering-atte-Bower conveyancing practitioner to do this as it can be done on-line 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 work for a reputable estate agent office in Havering-atte-Bower where we have witnessed a few flat sales jeopardised due to short leases. I have received conflicting advice from local Havering-atte-Bower conveyancing firms. Could you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Can you offer any advice when it comes to appointing a Havering-atte-Bower conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Havering-atte-Bower conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Havering-atte-Bower conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions has the firm carried out in Havering-atte-Bower in the last year?

    • Can you provide any top tips for leasehold conveyancing in Havering-atte-Bower from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Havering-atte-Bower can be bypassed where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers solicitors.
    • The majority landlords or Management Companies in Havering-atte-Bower levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Havering-atte-Bower.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Havering-atte-Bower state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such works. Where you dont have the paperwork to hand you should not contact the landlord without contacting your lawyer in the first instance.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You may need to swallow your pride and discharge 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 are still duty bound to disclose details of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • We expect to complete our sale of a £325000 garden flat in Havering-atte-Bower in nine days. The managing agents has quoted £420 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Havering-atte-Bower?

    Havering-atte-Bower conveyancing on leasehold maisonettes normally involves the purchaser’s lawyer submitting enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries the majority will be willing to assist. They are entitled charge a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, otherwise the invoice is not strictly payable. In reality you have little choice but to pay whatever is requested of you should you wish to sell the property.

    After years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Havering-atte-Bower. Can we issue an application to the Residential Property Tribunal Service?

    Most definitely. We can put you in touch with a Havering-atte-Bower conveyancing firm who can help.

    An example of a Lease Extension case for a Havering-atte-Bower 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 unexpired lease term was 57.5 years.