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When it comes to leasehold conveyancing in Beaufort, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, RBS or Bradford & Bingley make sure you find a lawyer on their panel. Find a Beaufort conveyancing lawyer with our search tool

Beaufort leasehold conveyancing Example Support Desk Enquiries

I am intending to rent out my leasehold flat in Beaufort. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Beaufort conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Beaufort. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

Most houses in Beaufort are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Beaufort in which case you should be shopping around for a Beaufort conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority 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 for example requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should appraise you on the various issues.

I am looking at a two maisonettes in Beaufort which have about fifty years left on the leases. Will this present a problem?

There are no two ways about it. A leasehold apartment in Beaufort is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it adversely affects the marketability of the premises. The majority of purchasers and mortgage companies, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Beaufort conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

What are your top tips when it comes to appointing a Beaufort conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Beaufort conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Beaufort conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How many lease extensions has the firm completed in Beaufort in the last 12 months?
  • What are the charges for lease extension conveyancing?

    • Can you provide any top tips for leasehold conveyancing in Beaufort with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Beaufort can be avoided if you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Beaufort leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Where you fail to have the consents to hand you should not communicate with the landlord without checking with your lawyer first.
  • Some Beaufort leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may have to bite the bullet and discharge 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 buyers, but it is better to present the dispute as over rather than unresolved.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 75 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 property on the market for sale.

    • Beaufort Leasehold Conveyancing - Sample of Queries Prior to buying

      Does the lease contain onerous restrictions? What is the the remaining lease term? On the whole the cost for major works are not wrapped into the maintenance charges, albeit that some managing agents in Beaufort require leasehold owners to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger repairs or maintenance.

    Other Topics

    Lease Extensions in Beaufort