Frequently asked questions relating to Bradley Stoke leasehold conveyancing
Looking forward to complete next month on a basement flat in Bradley Stoke. Conveyancing solicitors assured me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Bradley Stoke should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
I work for a reputable estate agency in Bradley Stoke where we have witnessed a few flat sales put at risk as a result of short leases. I have received inconsistent advice from local Bradley Stoke conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that 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. This means 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 at the same time as 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 choosing a Bradley Stoke conveyancing firm to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Bradley Stoke conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Bradley Stoke conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:
- If they are not ALEP accredited then why not?
Can you provide any top tips for leasehold conveyancing in Bradley Stoke from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Bradley Stoke can be bypassed where you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers lawyers.
- The majority freeholders or managing agents in Bradley Stoke charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Bradley Stoke.
All being well we will complete the disposal of our £450000 maisonette in Bradley Stoke on Tuesday in a week. The management company has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Bradley Stoke?
Bradley Stoke conveyancing on leasehold maisonettes normally necessitates administration charges raised by landlords agents :
- Completing pre-contract enquiries
- Where consent is required before sale in Bradley Stoke
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Bradley Stoke Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
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It is important to be aware if window replacement or some other major work is due in the near future that will be shared between the leaseholders and could well materially impact the level of the maintenance costs or require a one time payment.
How is the lease structured?
The prefered form of lease structure is a share of the freehold. In this arrangement the lessees have control and even though a managing agent is usually retained if it is larger than a house conversion, the managing agent employed by the leaseholders.
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