Leasehold Conveyancing in Aston Clinton - Get a Quote from the leasehold experts approved by your lender

Get a Quote

Any conveyancing practice can theoretically deal with your leasehold conveyancing in Aston Clinton, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Aston Clinton leasehold conveyancing

My husband and I may need to let out our Aston Clinton ground floor flat temporarily due to a new job. We used a Aston Clinton conveyancing firm in 2003 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?

Even though your previous Aston Clinton conveyancing solicitor is not available you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to seek consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I only have Sixty One years unexpired on my lease in Aston Clinton. I now wish to extend my lease but my freeholder is missing. What should I do?

On the basis that 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 enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the lessor. For most situations an enquiry agent may be helpful to try and locate and to produce a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court covering Aston Clinton.

Due to exchange soon on a garden flat in Aston Clinton. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Aston Clinton should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The total extent of the property. This will be the apartment itself but may include a roof space or basement if applicable.
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Aston Clinton please enquire of your solicitor in ahead of your conveyancing in Aston Clinton

    • Do you have any advice for leasehold conveyancing in Aston Clinton with the intention of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Aston Clinton can be avoided if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Aston Clinton state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you dont have the paperwork to hand you should not communicate with the landlord without checking with your lawyer in the first instance.
  • Some Aston Clinton leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share certificate. Organising a new share certificate can be a lengthy process and slows down many a Aston Clinton conveyancing deal. If a new share is required, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

    • What are the frequently found defects that you come across in leases for Aston Clinton properties?

    Leasehold conveyancing in Aston Clinton is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Chelsea Building Society, and Britannia all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

    Aston Clinton Conveyancing for Leasehold Flats - Examples of Queries before buying

      Are there any major works on the horizon that will likely increase the service fees? Who are the managing agents? The majority of Aston Clinton leasehold apartments will be liable to pay a service bill for the upkeep of the block invoiced on behalf of the landlord. Where you acquire the property you will have to meet this contribution, normally in instalments during the year. This may be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent for you to pay annual, normally this is not a large amount, say about £50-£100 but you need to enquire as occasionally it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Aston Clinton