Fixed-fee leasehold conveyancing in Borrowash:

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Recently asked questions relating to Borrowash leasehold conveyancing

There are only Fifty years left on my flat in Borrowash. I am keen to get lease extension but my freeholder is missing. What are my options?

If 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have done all that could be expected to find the landlord. For most situations an enquiry agent should be useful to carry out a search and prepare an expert document to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Borrowash.

I today plan to offer on a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Borrowash. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Borrowash ?

The majority of houses in Borrowash are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Borrowash so you should seriously consider looking for a Borrowash conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority 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 will likely included provisions such as requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor will advise you fully on all the issues.

I am a negotiator for a reputable estate agent office in Borrowash where we have experienced a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Borrowash conveyancing solicitors. Can you clarify whether the seller of a flat can start the lease extension formalities for the buyer?

As long as the seller has been the owner 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. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, 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 purchaser.

What are your top tips when it comes to finding a Borrowash conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Borrowash conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Borrowash conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • How many lease extensions has the firm carried out in Borrowash in the last 12 months?
  • What are the charges for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Borrowash from the point of view of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Borrowash can be bypassed if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers lawyers.
    • Many freeholders or Management Companies in Borrowash levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Borrowash.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Borrowash state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. Should you dont have the paperwork in place do not communicate with the landlord without checking with your solicitor in the first instance.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Arranging a duplicate share certificate is often a lengthy formality and slows down many a Borrowash home move. If a duplicate share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Borrowash - Examples of Questions you should consider before Purchasing

      Plenty Borrowash leasehold apartments will have a service charge for maintenance of the building set on behalf of the freeholder. Should you buy the property you will have to meet this charge, usually periodically accross the year. This could differ from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a ground rent to be met annual, this is usually not a significant amount, say about £25-£75 but you should to check it because sometimes it can be surprisingly expensive. Generally speaking the outlay for major works are not included within service charges, although there some managing agents in Borrowash require tenants to contribute towards a reserve fund created for the specific intention of establishing a fund for major works. Who is in charge of the building?

    Other Topics

    Lease Extensions in Borrowash