Fixed-fee leasehold conveyancing in Blakeney:

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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Blakeney, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Blakeney leasehold conveyancing Example Support Desk Enquiries

My husband and I may need to rent out our Blakeney 1st floor flat for a while due to taking a sabbatical. We used a Blakeney conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Blakeney conveyancing solicitor is not around you can review your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must obtain consent from your landlord or other appropriate person prior to subletting. This means that you cannot sublet without first obtaining 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.

I own a leasehold flat in Blakeney. Conveyancing and Leeds Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Blakeney who previously acted has now retired.What should I do?

The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Blakeney conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a couple of apartments in Blakeney which have in the region of forty five years unexpired on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Blakeney. The lease is a right to use the premises for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this area

Do you have any advice for leasehold conveyancing in Blakeney with the intention of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Blakeney can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
  • Some Blakeney 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. 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than ongoing.
  • If you hold a share in a the freehold, you should make sure that you have the original share certificate. Organising a new share certificate can be a time consuming formality and slows down many a Blakeney home move. Where a new share certificate is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a Blakeney lease problematic?

    There is nothing unique about leasehold conveyancing in Blakeney. All leases are individual and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Coventry Building Society, and Alliance & Leicester 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 is defective they may refuse to provide security, obliging the purchaser to pull out.

    Leasehold Conveyancing in Blakeney - Examples of Queries Prior to buying

      What is the name of the managing agents? In the main the cost for major works tend not to be wrapped into the service charges, albeit that a few managing agents in Blakeney require leaseholders to contribute towards a sinking fund and this is used to offset against larger works. Is there a share of the freehold?

    Other Topics

    Lease Extensions in Blakeney