Fixed-fee leasehold conveyancing in Benson:

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Leasehold conveyancing in Benson is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Benson and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Questions and Answers: Benson leasehold conveyancing

I would like to let out my leasehold flat in Benson. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

A small minority of properties in Benson do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests 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 consent.

I am hoping to put an offer on a small detached house that appears to be perfect, at a great price which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Benson. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Benson ?

Most houses in Benson are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Benson so you should seriously consider shopping around for a Benson conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

I am attracted to a two flats in Benson which have in the region of fifty years remaining on the leases. Do I need to be concerned?

There are plenty of short leases in Benson. The lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the marketability of the lease deteriorate and it becomes more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. It is often difficult to sell a property with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area

What advice can you give us when it comes to choosing a Benson conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Benson conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Benson conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in Benson who can give a testimonial?

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

    • A significant proportion of the delay in leasehold conveyancing in Benson can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ solicitors.
    • A minority of Benson leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any 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 purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be nervous 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 settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to 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 better to present the dispute as historic as opposed to unresolved.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a new share certificate is often a time consuming formality and delays many a Benson home move. Where a duplicate share is required, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Benson Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

      The majority of Benson leasehold properties will have a service bill for maintenance of the block levied by the landlord. Where you acquire the flat you will have to pay this charge, usually periodically accross the year. This may differ from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say about £25-£75 but you should to enquire as occasionally it can be prohibitively expensive. How is the lease structured? Please note that where the lease has less than 80 years it will affect the salability of the flat. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth finding out what this will be. For most Bensonlease extensions you will be be obliged to have owned the property for two years in order to be eligible to carry out a lease extension.

    Other Topics

    Lease Extensions in Benson