I am in need of some leasehold conveyancing in Berwick Upon Tweed. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Berwick Upon Tweed - 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.

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Berwick Upon Tweed. I am keen to extend my lease but my landlord is can not be found. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent should be helpful to try and locate and prepare a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Berwick Upon Tweed.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Berwick Upon Tweed. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Berwick Upon Tweed ?

Most houses in Berwick Upon Tweed are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Berwick Upon Tweed in which case you should be shopping around for a Berwick Upon Tweed conveyancing solicitor and check that they have experience in advising 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 comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should report to you on the legal implications.

Do you have any advice for leasehold conveyancing in Berwick Upon Tweed with the purpose of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Berwick Upon Tweed can be reduced where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers solicitors.
• The majority freeholders or Management Companies in Berwick Upon Tweed charge for providing management packs for a leasehold premises. You or your lawyers should discover 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 usual cause of frustration in leasehold conveyancing in Berwick Upon Tweed.

A minority of Berwick Upon Tweed 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 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.

If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a time consuming process and slows down many a Berwick Upon Tweed home move. If a reissued share certificate is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 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 premises on the market for sale.

We expect to complete our sale of a £400000 flat in Berwick Upon Tweed next week. The freeholder has quoted £324 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Berwick Upon Tweed?

Berwick Upon Tweed conveyancing on leasehold maisonettes nine out of ten times results in administration charges invoiced by managing agents :

• Answering pre-exchange questions
• Where consent is required before sale in Berwick Upon Tweed
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Berwick Upon Tweed leasehold property is £350. For Berwick Upon Tweed 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.

Berwick Upon Tweed Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

This question is helpful as a) areas can cause problems in the block as the common areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the running of the building you will want to have full disclosure The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees have control and notwithstanding that a managing agent is usually employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. On the whole the outlay for major works are not wrapped into the service charges, although a few managing agents in Berwick Upon Tweed ask leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major works.

Other Topics

Lease Extensions in Berwick Upon Tweed