Checklist provided by
The Association of Leasehold Enfranchisement Practitioners
Important information to gather about your residential leasehold property or a property you are thinking of purchasing before contacting a solicitor
• Address of the property including postcode
• Lease length: remember if you live/own the property for a long time, you might have to extend it.
Please note that it costs more to extend your lease or buy your freehold once the lease falls below 80 years, as marriage value becomes payable to your freeholder. For just £3 you can download the leasehold title from the Land Registry website which will show you the exact lease length without having to take anyone else’s word for it.
• Ground rent payable, this is typically an annual charge
• Approximate property current value or value of the last property sold in your block
• What is the freeholder like? It’s worth ringing neighbouring door bells, making sure you talk to owners, not tenants, and ask questions, for example:
• Do they send out statements of service charges paid and what it’s being spent on?
• Is the work they carry out, e.g. cleaning, of a good standard?
• Do you have to pay for repairs and major works upfront or after the work is done?
• Have they sent any surprise bills to leaseholders? What were the payment terms?
• Do they return phone calls and fix urgent repairs in a timely manner?
• How is the building managed? Are the communal areas well maintained, light bulbs working, garages painted, garden areas kept neat and tidy etc?
Questions to ask when appointing a solicitor to carry out the legal work for your lease extension/share of freehold purchase transaction
|Are they a member of ALEP?|
|What is their website like? Can they communicate clearly and effectively? For example: How quickly will they return your phone calls or emails? Do you talk to the solicitor or one of their support staff?|
|Do they have a clear fee structure? (Fixed fee or hourly rate?) Does this fee include VAT?|
|Are they experienced in the geographical location of the property?|
|Do you need to attend their offices in person in order to provide the ID required to comply with money laundering regulations?|
|Are they specialists in dealing with leasehold matters (enfranchisement), i.e. do they have an established department?|
|If you appoint them, will you be allocated a particular solicitor or dealt with by a team?|
|If a dispute between leaseholder and freeholder cannot be resolved, the matter can be referred to the First-tier Tribunal (Property Chamber). If this happens, do they have sufficient court and tribunal experience to argue and represent your case?|
|Do they act predominantly for leaseholders or freeholders?|
|Are they prepared to provide any initial advice over the telephone free of charge?|