I am on look out for some leasehold conveyancing in Walton on the Naze. Before I get started I would like to find out the remaining lease term.

Assuming the lease is registered - and almost all are in Walton on the Naze - 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.

My husband and I may need to rent out our Walton on the Naze ground floor flat temporarily due to a new job. We instructed a Walton on the Naze conveyancing practice in 2001 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Your lease governs the relationship between the landlord and you the leaseholder; specifically, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Walton on the Naze do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Walton on the Naze. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Walton on the Naze ?

The majority of houses in Walton on the Naze are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Walton on the Naze in which case you should be looking for a Walton on the Naze conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer will appraise you on the various issues.

Can you offer any advice when it comes to choosing a Walton on the Naze conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Walton on the Naze conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Walton on the Naze conveyancing practices before you 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 makes a Walton on the Naze lease unacceptable for security purposes?

Leasehold conveyancing in Walton on the Naze is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Skipton Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to withdraw.

Walton on the Naze Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

Generally speaking the cost for major works are not wrapped into the service charges, although some managing agents in Walton on the Naze obliged leasehold owners to contribute towards a reserve fund created for the specific intention of establishing a fund for larger works. The majority of Walton on the Naze leasehold properties will incur a service charge for the upkeep of the block set on behalf of the landlord. If you purchase the property you will have to meet this liability, normally in instalments throughout the year. This can differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a ground rent for you to pay annual, normally this is not a large sum, say about £25-£75 but you need to check it because on occasion it could be surprisingly expensive. What restrictions are there in the Walton on the Naze Lease?

Other Topics

Lease Extensions in Walton on the Naze