Fixed-fee leasehold conveyancing in Barnard Castle:

While any conveyancing practice can theoretically deal with your leasehold conveyancing in Barnard Castle, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Examples of recent questions relating to leasehold conveyancing in Barnard Castle

Having had my offer accepted I require leasehold conveyancing in Barnard Castle. Before I get started I would like to find out the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Barnard Castle - 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 have recently realised that I have Fifty years left on my flat in Barnard Castle. I need to get lease extension but my landlord is absent. What should I do?

On the basis that you qualify, 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 lengthened by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the freeholder. On the whole a specialist may be useful to carry out a search and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Barnard Castle.

Can you offer any advice when it comes to appointing a Barnard Castle conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Barnard Castle conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Barnard Castle conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • How experienced is the firm with lease extension legislation?
  • What volume of lease extensions has the firm conducted in Barnard Castle in the last 12 months?

  • Do you have any top tips for leasehold conveyancing in Barnard Castle from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Barnard Castle can be bypassed if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
    • Many landlords or Management Companies in Barnard Castle charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Barnard Castle.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Barnard Castle leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you dont have the consents to hand do not contact the landlord without contacting your conveyancer before hand.
  • Some Barnard Castle 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. The bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase 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 details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unsettled.

  • When it comes to leasehold conveyancing in Barnard Castle what are the most common lease problems?

    Leasehold conveyancing in Barnard Castle is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain clauses are not included. 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
    • 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

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Barnsley Building Society, and Godiva Mortgages Ltd all have express conveyancing instructions 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.

    Leasehold Conveyancing in Barnard Castle - Examples of Queries Prior to buying

      How much is the annual maintenance fee and ground rent? On the whole the outlay for major works tend not to be wrapped into the maintenance charges, albeit that there some managing agents in Barnard Castle obliged tenants to pay into a sinking fund created for the specific intention of building a fund for major works. It would be sensible to enquire if the the lease contains any adverse restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Barnard Castle. If you like the apartmentin Barnard Castle yet your cat can’t live with you then you have a very difficult compromise.

    Other Topics

    Lease Extensions in Barnard Castle