Having had my offer accepted I require leasehold conveyancing in Beaufort. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and 99.9% are in Beaufort - 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.

My partner and I may need to sub-let our Beaufort basement flat temporarily due to a new job. We instructed a Beaufort conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Your lease dictates relations between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Beaufort do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Beaufort.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 until 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.

What advice can you give us when it comes to finding a Beaufort conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Beaufort conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Beaufort conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?
• Can they put you in touch with client in Beaufort who can give a testimonial?

Can you provide any advice for leasehold conveyancing in Beaufort from the perspective of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Beaufort can be bypassed if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
• Many freeholders or Management Companies in Beaufort levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Beaufort.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Beaufort leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. If you dont have the consents in place do not communicate with the landlord without contacting your solicitor first.
• If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Obtaining a replacement share certificate is often a time consuming formality and frustrates many a Beaufort conveyancing transaction. Where a duplicate share is required, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Leasehold Conveyancing in Beaufort - Examples of Queries Prior to buying

Please note that where the lease has fewer than eighty years it will affect the salability of the property. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this will be. For most Beaufortlease extensions you would be be obliged to have owned the property for two years before you are legally able to extend the lease. It would be prudent to discover if the the lease contains any onerous restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Beaufort. If you love the propertyin Beaufort yet your dog can’t move with you then you will be faced hard decision.