I am in need of some leasehold conveyancing in Bideford. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Bideford - 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.

I wish to rent out my leasehold apartment in Bideford. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Bideford conveyancing lawyer is no longer available you can check your lease to check if it allows you to sublet the apartment. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent must not not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I am a negotiator for a long established estate agent office in Bideford where we have witnessed a number of flat sales jeopardised due to short leases. I have been given inconsistent advice from local Bideford conveyancing firms. Can you shed some light as to whether the vendor of a flat can start the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you offer any advice when it comes to finding a Bideford conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Bideford conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Bideford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?
• What volume of lease extensions has the firm conducted in Bideford in the last year?

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 delay in leasehold conveyancing in Bideford can be avoided if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Bideford state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such changes. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your lawyer first.
• Some Bideford leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Organising a replacement share certificate can be a time consuming formality and delays many a Bideford home move. If a new share certificate is necessary, 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 it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is under 75 years. In the circumstances it is essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Leasehold Conveyancing in Bideford - A selection of Questions you should consider before buying

What is the name of the managing agents? It would be sensible to investigate if there is anything that is prohibited in the lease. For instance it is fairly common in Bideford leases that pets are not allowed in certain buildings in Bideford. If you love the apartmentin Bideford however your cat can’t move with you then you have a very hard determination.