Badminton leasehold conveyancing: Q and A’s
Having had my offer accepted I require leasehold conveyancing in Badminton. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.
If the lease is registered - and 99.9% are in Badminton - then the leasehold title will always include the short particulars 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've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Badminton. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Badminton ?
The majority of houses in Badminton are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Badminton so you should seriously consider shopping around for a Badminton conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should report to you on the legal implications.
My wife and I purchased a leasehold flat in Badminton. Conveyancing and Leeds Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Badminton who acted for me is not around.What should I do?
First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Badminton conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to appointing a Badminton conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Badminton conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Badminton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- How experienced is the practice with lease extension legislation?
- What are the charges for lease extension conveyancing?
Do you have any top tips for leasehold conveyancing in Badminton from the point of view of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Badminton can be bypassed where you appoint lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the buyers lawyers.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Badminton state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such alterations. Where you dont have the consents to hand do not communicate with the landlord without checking with your conveyancer first.
- Some Badminton leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 solicitors.
- If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Organising a replacement share certificate can be a lengthy formality and frustrates many a Badminton conveyancing deal. If a new share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.
- You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.
I purchased a 1st floor flat in Badminton, conveyancing having been completed in 2009. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Badminton with a long lease are worth £170,000. The ground rent is £50 charged once a year. The lease comes to an end on 21st October 2097
With only 71 years unexpired we estimate the premium for your lease extension to range between £8,600 and £9,800 as well as costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first getting professional advice.