Quality lawyers for Leasehold Conveyancing in Allestree

Get a Quote

When it comes to leasehold conveyancing in Allestree, you will need to chose a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Santander, Birmingham Midshires or Bradford & Bingley be sure to choose a lawyer on their panel. Find a Allestree conveyancing lawyer with our search tool

Sample questions relating to Allestree leasehold conveyancing

I am in need of some leasehold conveyancing in Allestree. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Allestree - 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.

I only have Fifty years left on my lease in Allestree. I need to get lease extension but my landlord is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have made all reasonable attempts to find the landlord. On the whole a specialist would be helpful to carry out a search and to produce a report which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the application to the County Court covering Allestree.

I own a leasehold house in Allestree. Conveyancing and Britannia mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Allestree who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Allestree conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Allestree. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Allestree from the perspective of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Allestree can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ solicitors.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Allestree leases often stipulate that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord acquiescing to such changes. If you fail to have the paperwork to hand you should not communicate with the landlord without contacting your lawyer before hand.
  • A minority of Allestree leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 buyers or their solicitors.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or settle 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 will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a lengthy process and frustrates many a Allestree conveyancing transaction. Where a reissued share is necessary, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

    • I bought a basement flat in Allestree, conveyancing formalities finalised in 2007. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Allestree with an extended lease are worth £187,000. The ground rent is £45 yearly. The lease comes to an end on 21st October 2089

    With only 64 years remaining on your lease we estimate the premium for your lease extension to span between £14,300 and £16,400 plus plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Allestree