Fixed-fee leasehold conveyancing in Blandford Forum:

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Blandford Forum leasehold conveyancing: Q and A’s

I want to let out my leasehold flat in Blandford Forum. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Your lease governs relations between the freeholder and you the leaseholder; in particular, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Blandford Forum do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

My wife and I purchased a leasehold flat in Blandford Forum. Conveyancing and National Westminster Bank mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Blandford Forum who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Blandford Forum conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a long established estate agency in Blandford Forum where we have experienced a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Blandford Forum conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

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 Blandford Forum conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Blandford Forum conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Blandford Forum conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

  • How many lease extensions have they carried out in Blandford Forum in the last 12 months?
  • What are the legal fees for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Blandford Forum with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Blandford Forum can be avoided where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information which will be required by the purchasers’ conveyancers.
    • The majority landlords or managing agents in Blandford Forum levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. 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 usual reason for frustration in leasehold conveyancing in Blandford Forum.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Blandford Forum leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals in place do not communicate with the landlord without checking with your solicitor in advance.
  • A minority of Blandford Forum leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are 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 purchasers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to reveal the dispute as historic rather than unresolved.

    • Blandford Forum Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

      This question is helpful as a) areas may result in problems in the block as the common areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have an issue with the running of the building you will want to have all the details You should want to discover as much as you can about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the tidiness of the common parts. Ask other people whether they are happy with their service. Finally, be sure you know the dates that the service charges are due to the appropriate party and precisely what it includes. Most Blandford Forum leasehold apartments will be liable to pay a service charge for maintenance of the block invoiced on behalf of the freeholder. If you buy the apartment you will have to pay this liability, normally periodically during the year. This could vary from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay annual, this is usually not a exorbitant figure, say about £50-£100 but you should to check as on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Blandford Forum