Fixed-fee leasehold conveyancing in Boncath:

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When it comes to leasehold conveyancing in Boncath, you will need to chose a conveyancing lawyer with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or Bradford & Bingley make sure you find a lawyer on their approved list. Find a Boncath conveyancing lawyer with our search tool

Sample questions relating to Boncath leasehold conveyancing

There are only 68 years remaining on my lease in Boncath. I need to extend my lease but my freeholder is absent. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you have used your best endeavours to locate the lessor. For most situations an enquiry agent should be helpful to try and locate and prepare a report to be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Boncath.

I have just appointed agents to market my ground floor flat in Boncath.Conveyancing has not commenced but I have just had a yearly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 unless 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. This will smooth the conveyancing process.

My wife and I purchased a leasehold flat in Boncath. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Boncath who previously acted has now retired.Do I pay?

First contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Boncath conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a busy estate agent office in Boncath where we have witnessed a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Boncath conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner 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 proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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.

Do you have any top tips for leasehold conveyancing in Boncath from the perspective of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Boncath can be reduced where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ solicitors.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Boncath leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you dont have the approvals in place do not contact the landlord without contacting your conveyancer first.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 particulars of the dispute to the buyers, but it is better to reveal the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Obtaining a new share certificate can be a lengthy formality and slows down many a Boncath conveyancing deal. Where a duplicate share is required, do contact the company officers or managing agents (where applicable) 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 conveyancer will not be happy to advise their client to where the remaining number of years is under 75 years. It is therefore important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Boncath Leasehold Conveyancing - Sample of Queries before buying

      The best form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this scenario the lessees enjoy control and even though a managing agent is usually retained if the building is larger than a house conversion, the managing agent is directed by the tenants. It would be prudent to find out if the the lease includes any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Boncath. If you love the propertyin Boncath but your dog can’t make the move with you then you will be faced difficult determination. How much is the yearly service fee and ground rent?

    Other Topics

    Lease Extensions in Boncath