Fixed-fee leasehold conveyancing in Bideford:

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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Bideford, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Bideford leasehold conveyancing

My partner and I may need to sub-let our Bideford ground floor flat for a while due to a career opportunity. We used a Bideford conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Bideford do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot 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 permission.

I own a leasehold house in Bideford. Conveyancing and Barnsley Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Bideford who acted for me is not around.Any advice?

The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Bideford conveyancing firm to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

If you are instructing a solicitor for lease extension works (regardless if they are a Bideford conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Bideford conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How experienced is the firm with lease extension legislation?
  • What are the charges for lease extension conveyancing?

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

    • A significant proportion of the frustration in leasehold conveyancing in Bideford can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
    • Many freeholders or managing agents in Bideford charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Bideford.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Bideford leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Should you dont have the paperwork in place you should not contact the landlord without checking with your lawyer in advance.
  • A minority of Bideford 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 financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Organising a re-issued share certificate is often a time consuming process and slows down many a Bideford home move. If a reissued share is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

    • What makes a Bideford lease defective?

    There is nothing unique about leasehold conveyancing in Bideford. Most leases are unique and drafting errors can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Skipton Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.

    Leasehold Conveyancing in Bideford - Examples of Questions you should ask before Purchasing

      Please note that where the lease has less than eighty years it will have adverse implications on the marketability of the flat. It is worth checking with your lender that they are happy with the length of the lease. A short lease means that you will probably need a lease extension sooner rather than later and it is worth finding out what this would cost. Remember, in most cases you will be required to have owned the premises for 24 months before you are eligible to carry out a lease extension. How much is the annual service fee and ground rent? What restrictions are there in the Bideford Lease?

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    Lease Extensions in Bideford