Guaranteed fixed fees for Leasehold Conveyancing in Badminton

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When it comes to leasehold conveyancing in Badminton, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Lloyds, Birmingham Midshires or Nationwide be sure to choose a lawyer on their panel. Find a Badminton conveyancing lawyer with our search tool

Sample questions relating to Badminton leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Badminton. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is registered - and most 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.

Jane (my partner) and I may need to let out our Badminton basement flat temporarily due to a new job. We instructed a Badminton conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Badminton do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

There are only 62 years left on my lease in Badminton. I now wish to get lease extension but my landlord is missing. 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 an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the lessor. On the whole a specialist may be useful to conduct investigations and to produce a report to be used as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Badminton.

Can you provide any top tips for leasehold conveyancing in Badminton from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Badminton can be reduced if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Badminton leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such changes. If you dont have the paperwork in place do not communicate with the landlord without contacting your solicitor in advance.
  • Some Badminton 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 obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Obtaining a replacement share certificate can be a lengthy process and delays many a Badminton conveyancing deal. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • We expect to complete the disposal of our £250000 flat in Badminton in six days. The landlords agents has quoted £312 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Badminton?

    Badminton conveyancing on leasehold apartments normally involves the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is not legally bound to address such questions the majority will be willing to do so. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the charge is technically not due. In reality one has little choice but to pay whatever is demanded if you want to sell the property.

    Leasehold Conveyancing in Badminton - Examples of Questions you should consider Prior to buying

      Does this lease have in excess of 90 years remaining? Best to be warned if a new roof is being put on or some other major work is coming up that will be shared between the leasehold owners and will dramatically increase the the service fees or require a one time payment. Please note that where the lease has less than 80 years it will impact the value of the apartment. It is worth checking with your bank that they are content with the length of the lease. A short lease means that you will probably require a lease extension at some point and it is worth finding out how much this will be. Remember, in most cases you will be required to have been the owner of the premises for 24 months before you are entitled to carry out a lease extension.

    Other Topics

    Lease Extensions in Badminton