Fixed-fee leasehold conveyancing in Birstall:

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

Birstall leasehold conveyancing: Q and A’s

I am intending to let out my leasehold flat in Birstall. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Your lease governs relations between the freeholder and you the flat owner; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Birstall do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Expecting to sign contracts shortly on a garden flat in Birstall. Conveyancing lawyers inform me that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Birstall should include some of the following:

  • You should be sent a copy of the lease
  • Defining your legal entitlements in relation to common areas in the building.For example, does the lease contain a right of way over an accessway or hallways?
  • Does the lease prevent you from renting out the property, or having a home office for business
  • You need to be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Birstall please enquire of your conveyancer in advance of your conveyancing in Birstall

    • Estate agents have just been given the go-ahead to market my ground floor flat in Birstall.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – what should I do?

    Your conveyancing lawyer is likely to suggest that you should clear 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I am tempted by the attractive purchase price for a two flats in Birstall both have in the region of 50 years left on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Birstall. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the marketability of the lease deteriorate and results in it becoming more costly to extend the lease. This is why it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this area

    What makes a Birstall lease problematic?

    Leasehold conveyancing in Birstall is not unique. Most leases are individual and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    I invested in buying a leasehold flat in Birstall, conveyancing formalities finalised in 2012. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Birstall with an extended lease are worth £221,000. The ground rent is £60 invoiced every year. The lease finishes on 21st October 2094

    With only 69 years unexpired the likely cost is going to be between £8,600 and £9,800 plus legals.

    The figure above a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Birstall