Due to complete next month on a ground floor flat in Branston. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years

Setting out your legal entitlements in relation to the communal areas in the block.E.G., does the lease contain a right of way over a path or staircase?

Will you be prohibited or prevented from having pets in the property?

You should 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 will change in the future

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

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Branston please ask your conveyancer in ahead of your conveyancing in Branston

I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Branston. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Branston are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Branston so you should seriously consider shopping around for a Branston conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should report to you on the legal implications.

I am employed by a long established estate agent office in Branston where we see a few flat sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Branston conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can commence the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as 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 appointing a Branston conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Branston conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Branston 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:

• What volume of lease extensions has the firm conducted in Branston in the last twenty four months?

Can they put you in touch with client in Branston who can give a testimonial?

All being well we will complete the disposal of our £125000 flat in Branston next week. The managing agents has quoted £372 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Branston?

Branston conveyancing on leasehold flats nine out of ten times results in fees being levied by managing agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Branston
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Branston leasehold property is £350. For Branston conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Branston Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

Please note that where the lease has fewer than 80 years it will impact the marketability of the flat. Check with your mortgage company that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension at some point and it is worth finding out how much this will be. For most Branstonlease extensions you would need to own the property for 24 months before you are legally able to carry out a lease extension. Are there any major works anticipated that will increase the maintenance charges? The answer will be useful as a) areas can result in problems for the block as the communal areas may start to deteriorate if services are not paid for b) if the leaseholders have a dispute with the running of the building you will need to have all the details

Other Topics

Lease Extensions in Branston