Fixed-fee leasehold conveyancing in Bradley Stoke:

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Common questions relating to Bradley Stoke leasehold conveyancing

I am on look out for some leasehold conveyancing in Bradley Stoke. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and most are in Bradley Stoke - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Harry (my fiance) and I may need to sub-let our Bradley Stoke garden flat for a while due to a new job. We instructed a Bradley Stoke conveyancing practice in 2002 but they have closed and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates relations between the landlord and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Bradley Stoke do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Looking forward to sign contracts shortly on a ground floor flat in Bradley Stoke. Conveyancing lawyers inform me that they report fully on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Bradley Stoke should include some of the following:

  • The physical extent of the property. This will be the apartment itself but might incorporate a roof space or cellar if applicable.
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You must be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be contained in your report on your leasehold property in Bradley Stoke please enquire of your conveyancer in advance of your conveyancing in Bradley Stoke

    • I am a negotiator for a reputable estate agency in Bradley Stoke where we have experienced a number of flat sales put at risk due to short leases. I have been given inconsistent advice from local Bradley Stoke conveyancing firms. Can you confirm whether the seller of a flat can instigate 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 purchaser.

    Can you provide any advice for leasehold conveyancing in Bradley Stoke with the purpose of expediting 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 request that they start to put together the leasehold documentation which will be required by the buyers representatives.
    • The majority freeholders or Management Companies in Bradley Stoke levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Bradley Stoke.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Bradley Stoke state that internal structural changes or installing wooden flooring require a licence from the Landlord approving such alterations. Should you dont have the paperwork to hand you should not communicate with the landlord without contacting your conveyancer in the first instance.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Obtaining a new share certificate is often a lengthy formality and frustrates many a Bradley Stoke conveyancing deal. If a new share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Bradley Stoke Leasehold Conveyancing - Examples of Queries before buying

      Be sure to discover if there are any onerous prohibitions in the lease. By way of example it is very common in Bradley Stoke leases that pets are not allowed in in a block in Bradley Stoke. If you love the flatin Bradley Stoke but your cat can’t make the move with you then you will be faced hard determination. For many Bradley Stoke leaseholds the cost for major works tend not to be wrapped into the maintenance charges, albeit that some managing agents in Bradley Stoke require leasehold owners to pay into a sinking fund created for the specific purpose of establishing a fund for larger repairs or maintenance. The answer will be helpful as a) areas can result in problems in the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to know about it

    Other Topics

    Lease Extensions in Bradley Stoke