Fixed-fee leasehold conveyancing in Ashbourne:

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

Frequently asked questions relating to Ashbourne leasehold conveyancing

I have recently realised that I have Fifty years left on my flat in Ashbourne. I now wish to get lease extension but my landlord is absent. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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 Court. However, you will be required to demonstrate that you have done all that could be expected to locate the freeholder. On the whole a specialist should be helpful to conduct investigations and to produce a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court covering Ashbourne.

I've recently bought a leasehold flat in Ashbourne. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee 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. It is an essential part 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 offer any advice when it comes to choosing a Ashbourne conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Ashbourne conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Ashbourne conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How familiar is the practice with lease extension legislation?
  • Can they put you in touch with client in Ashbourne who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Ashbourne with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Ashbourne can be bypassed if you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • The majority freeholders or Management Companies in Ashbourne charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Ashbourne.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Ashbourne leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such works. Where you dont have the paperwork to hand do not contact the landlord without checking with your solicitor first.
  • A minority of Ashbourne leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand 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 lawyers.
  • You believe that you know the number of years left on your lease but it would be advisable double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • What makes a Ashbourne lease problematic?

    There is nothing unique about leasehold conveyancing in Ashbourne. Most leases are individual and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Skipton Building Society, and TSB all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.

    I acquired a split level flat in Ashbourne, conveyancing was carried out in 2012. How much will my lease extension cost? Equivalent properties in Ashbourne with an extended lease are worth £229,000. The ground rent is £50 per annum. The lease comes to an end on 21st October 2083

    With 59 years unexpired we estimate the premium for your lease extension to span between £27,600 and £31,800 as well as legals.

    The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Ashbourne