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Barton Le Clay leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Barton Le Clay. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Barton Le Clay - then the leasehold title will always include the basic details 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 only have Sixty One years left on my lease in Barton Le Clay. I now wish to extend my lease but my landlord is absent. 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 mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. On the whole an enquiry agent may be helpful to conduct investigations and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Barton Le Clay.

I have just appointed agents to market my basement flat in Barton Le Clay.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am employed by a long established estate agent office in Barton Le Clay where we have experienced a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received contradictory information from local Barton Le Clay conveyancing solicitors. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

We expect to complete our sale of a £350000 garden flat in Barton Le Clay next week. The freeholder has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Barton Le Clay?

Barton Le Clay conveyancing on leasehold apartments ordinarily results in administration charges levied by landlords agents :

  • Addressing pre-exchange questions
  • Where consent is required before sale in Barton Le Clay
  • Copies of the building insurance and schedule
  • Deeds of covenant upon sale
  • Registering of the assignment of the change of lessee after a sale
Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Barton Le Clay leasehold premises is £350. For Barton Le Clay conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Barton Le Clay Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

    Who takes charge for maintaining and repairing the block? How long is the Lease? Be sure to investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Barton Le Clay. If you like the apartmentin Barton Le Clay but your cat can’t make the move with you then you have a very difficult determination.

Other Topics

Lease Extensions in Barton Le Clay