Leasehold Conveyancing in Bishops Cleeve - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Bishops Cleeve, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Top Five Questions relating to Bishops Cleeve leasehold conveyancing

Harry (my fiance) and I may need to let out our Bishops Cleeve ground floor flat for a while due to taking a sabbatical. We used a Bishops Cleeve conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Bishops Cleeve conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek consent from your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

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

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

  • You should receive a copy of the lease
  • The physical extent of the premises. This will be the flat itself but may incorporate a loft or basement if appropriate.
  • Setting out your legal entitlements in respect of common areas in the block.For example, does the lease provide for a right of way over a path or hallways?
  • Are pets allowed in the flat?
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Bishops Cleeve please enquire of your solicitor in advance of your conveyancing in Bishops Cleeve

    • I've found a house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Bishops Cleeve. Conveyancing advisers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Bishops Cleeve ?

    Most houses in Bishops Cleeve are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Bishops Cleeve so you should seriously consider shopping around for a Bishops Cleeve conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

    My wife and I purchased a leasehold house in Bishops Cleeve. Conveyancing and Britannia mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Bishops Cleeve who acted for me is not around.Any advice?

    First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Bishops Cleeve conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Do you have any advice for leasehold conveyancing in Bishops Cleeve from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Bishops Cleeve can be reduced where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers lawyers.
    • Many freeholders or managing agents in Bishops Cleeve levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Bishops Cleeve.
  • Some Bishops Cleeve leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 buyers or their solicitors.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a new share certificate can be a time consuming process and frustrates many a Bishops Cleeve home move. Where a reissued share is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Bishops Cleeve Conveyancing for Leasehold Flats - Examples of Queries before buying

      Does the lease have more than 85 years remaining? The majority of Bishops Cleeve leasehold apartments will incur a service bill for maintenance of the block set by the freeholder. If you buy the property you will have to pay this contribution, normally in instalments accross the year. This may vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a rentcharge to be met annual, this is usually not a large amount, say approximately £50-£100 but you should to enquire it because on occasion it could be surprisingly expensive. Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Bishops Cleeve