Lessees-owned co. to extend leases: solicitor needed?

[andymilli]

I have a leasehold flat with 60 years remaining on the lease. The freehold is owned by the Residents Association, of which all leaseholders have a share. The Association is giving all leaseholders the opportunity to extend the lease to 999 years, with no charge other than the Association's legal costs which is a fixed amount per flat.

The Association's solicitor has told me that I need to appoint a solicitor to act for me, and for that solicitor to contact him.

I'm wondering whether I really need a solicitor. I would have thought that in a case like this where there is no dispute and the costs are fixed, it would be a simple procedure, yet a solicitor would likely charge a few hundred quid. Would it be reasonable to do it myself?

[SteveP]

It is lawful to do it all yourself, but if you do it you will quite likely (even if all goes smoothly, regret it. Whilst it is a simple enough job for a solicitor or liscensed conveyancer what you have to ask is how much time and effort will it take for you to understand and manage the process, and how much time and effort will you need to put into understanding the law too.

Your association may consider another option if you really don;t want to pay and are not confident of doing it yourself. Draw up a deed agreeing that you or your succesors can extend the lease (on those same terms) to a date 999 years hence at any time before the current lease expires. That will have the effect of allowing you, or whoever you sell the flat to, extend on the same terms later. I did that for a similar group not so long ago and am aware of ithers having done it.

But honestly, you might just as well get a solicitor to do this for you. At least you have someone to sue if the work is done negligently. I am a surveyor, but I would never buy a property without having another surveyor report on it.

[Poppy]

Forgive me if my legal wording is incorrect.

Do you know if certain definitions of the existing lease are being varied and therefore you will merely sign a deed of variation (varying definitions such as the length of term, ground rent amount)? The deed of variation would be supplemental to the existing lease and lodged with the Land Registry. You therefore end up with the lease untouched but it is accompanied by the deed of variation. In that case you would probably only need to understand a two page document which you can read and sign without a solicitor (I would have thought).

Alternatively is the existing lease being completely rewritten with new definitions, clauses and obligations? If that is the case then you definitely want a solicitor involved.

If you don’t know the answers, then I hope you will take my questions and put them to the Association’s solicitor and receive a written response.

[andymilli]

Thanks for the replies :)


Do you know if certain definitions of the existing lease are being varied and therefore you will merely sign a deed of variation
As far as I know, the intention is only to extend the lease, in which case a deed of variation may be all that is needed. However, I don't know exactly what has been arranged, so I will contact the solicitor as you suggest.

Whilst it is a simple enough job for a solicitor or liscensed conveyancer
I was interested to note you mentioned licensed conveyencer. Is such a person likely to be cheaper than a fully fledged solicitor?

Incidentally, as my usual solicitor has moved on, I phoned three local practises that do conveyancing and as soon as I mention extending the lease, they say they can't help me, try a different practise. I would have thought any conveyancer would be able to do this.