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Frequently asked questions relating to Bishops Castle leasehold conveyancing

I am in need of some leasehold conveyancing in Bishops Castle. 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 most are in Bishops Castle - then the leasehold title will always include the basic details 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.

Jane (my partner) and I may need to rent out our Bishops Castle basement flat temporarily due to taking a sabbatical. We used a Bishops Castle conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Bishops Castle conveyancing lawyer is not available you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must obtain permission from your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.

Planning to exchange soon on a basement flat in Bishops Castle. Conveyancing solicitors inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

  • The physical extent of the premises. This will be the apartment itself but could also incorporate a roof space or cellar if applicable.
  • Defining your legal entitlements in respect of common areas in the block.For example, does the lease include a right of way over a path or staircase?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Does the lease prevent you from letting out the property, or having a home office for business
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required For details of the information to be contained in your report on your leasehold property in Bishops Castle please ask your solicitor in advance of your conveyancing in Bishops Castle

    • I am a negotiator for a long established estate agency in Bishops Castle where we have experienced a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Bishops Castle conveyancing firms. Could you clarify whether the vendor of a flat can commence the lease extension formalities for the buyer?

    Provided that the seller has owned the lease 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 need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

    An alternative approach is to agree the lease extension with the freeholder 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 buyer.

    Can you offer any advice when it comes to choosing a Bishops Castle conveyancing firm to carry out our lease extension conveyancing?

    When appointing a solicitor for lease extension works (regardless if they are a Bishops Castle conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Bishops Castle conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

    • What volume of lease extensions have they carried out in Bishops Castle in the last 12 months?
  • Can they put you in touch with client in Bishops Castle who can give a testimonial?

    • Bishops Castle Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      Be sure to enquire if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Bishops Castle. If you like the flatin Bishops Castle however your dog can’t make the move with you then you have a very hard decision. The prefered form of lease structure is a share of the freehold. In this arrangement the tenants have control and even though a managing agent is usually employed where it is bigger than a house conversion, the managing agent is directed by the tenants. The answer will be important as a) areas can result in problems in the block as the common areas may start to deteriorate if services remain unpaid b) if the tenants have a dispute with the managing agents you will need to have all the details

    Other Topics

    Lease Extensions in Bishops Castle