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Recently asked questions relating to Bourne leasehold conveyancing

I want to let out my leasehold flat in Bourne. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A small minority of properties in Bourne do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am hoping to complete next month on a studio apartment in Bourne. Conveyancing solicitors assured me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Bourne should include some of the following:

  • You should receive a copy of the lease
  • The total extent of the property. This will be the flat itself but might incorporate a roof space or basement if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the block.For example, does the lease provide for a right of way over an accessway or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from subletting the property, or working from home
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Changes to the flat (alterations and additions) For details of the information to be included in your report on your leasehold property in Bourne please enquire of your lawyer in ahead of your conveyancing in Bourne

    • Back In 2005, I bought a leasehold flat in Bourne. Conveyancing and Birmingham Midshires mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Bourne who acted for me is not around.Do I pay?

    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. There is no need to instruct a Bourne conveyancing practitioner to do this as you can do this on the Land Registry website for £3. 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.

    Can you offer any advice when it comes to finding a Bourne conveyancing firm to deal with our lease extension?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Bourne conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Bourne conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If the firm is not ALEP accredited then what is the reason?
  • What volume of lease extensions has the firm completed in Bourne in the last twenty four months?

    • Do you have any top tips for leasehold conveyancing in Bourne with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Bourne can be reduced where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
    • Many freeholders or managing agents in Bourne levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Bourne.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Bourne state that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you dont have the paperwork in place you should not contact the landlord without checking with your conveyancer in the first instance.
  • Some Bourne leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 solicitors.
  • You may think that you are aware of the number of years left on your lease but you should verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • I purchased a studio flat in Bourne, conveyancing formalities finalised half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Bourne with an extended lease are worth £259,000. The ground rent is £55 levied per year. The lease finishes on 21st October 2092

    You have 67 years remaining on your lease we estimate the premium for your lease extension to span between £16,200 and £18,600 plus professional fees.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Bourne