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

Get a Quote

Need to find a solicitor for leasehold conveyancing in Boscombe on your lender’s panel? Use our search tool to find leading local Boscombe conveyancing lawyers or national solicitors on your lender’s panel .

Recently asked questions relating to Boscombe leasehold conveyancing

My fiance and I may need to rent out our Boscombe ground floor flat temporarily due to taking a sabbatical. We instructed a Boscombe conveyancing firm in 2002 but they have since shut 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?

Notwithstanding that your last Boscombe conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. The consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

My wife and I purchased a leasehold house in Boscombe. Conveyancing and Barclays Direct mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Boscombe who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Boscombe conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a busy estate agent office in Boscombe where we have witnessed a few flat sales derailed as a result of short leases. I have been given contradictory information from local Boscombe conveyancing firms. Please can you shed some light as to whether the owner of a flat can start the lease extension formalities 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. 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.

An alternative approach is to extend the lease informally by agreement with the landlord 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 Boscombe conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Boscombe conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Boscombe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How experienced is the practice with lease extension legislation?
  • What are the charges for lease extension conveyancing?

    • Can you provide any top tips for leasehold conveyancing in Boscombe from the point of view of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Boscombe can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Boscombe state that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you fail to have the paperwork to hand you should not contact the landlord without contacting your solicitor before hand.
  • Some Boscombe leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is 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 lawyers.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate is often a lengthy process and slows down many a Boscombe conveyancing transaction. Where a duplicate share is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • I purchased a basement flat in Boscombe, conveyancing having been completed 9 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Boscombe with over 90 years remaining are worth £192,000. The ground rent is £60 invoiced every year. The lease comes to an end on 21st October 2103

    You have 78 years remaining on your lease we estimate the premium for your lease extension to be between £10,500 and £12,000 plus professional fees.

    The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Boscombe