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

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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Brighstone, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Sample questions relating to Brighstone leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Brighstone. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Brighstone - 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.

Due to exchange soon on a basement flat in Brighstone. Conveyancing lawyers have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • 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
  • Whether your lease has a provision for a reserve fund?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in Brighstone please ask your solicitor in advance of your conveyancing in Brighstone

    • I have just started marketing my ground floor apartment in Brighstone.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

    It best that you pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I work for a long established estate agent office in Brighstone where we have witnessed a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Brighstone conveyancing solicitors. Please can you clarify whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

    Provided that 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 at the same time as completion of the disposal of the property.

    Alternatively, it may be possible 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 purchaser.

    Can you provide any advice for leasehold conveyancing in Brighstone with the intention of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Brighstone can be avoided if you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
    • Many landlords or managing agents in Brighstone charge for supplying 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 reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Brighstone.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Brighstone leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the paperwork to hand do not contact the landlord without checking with your solicitor in the first instance.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Organising a new share certificate can be a time consuming process and delays many a Brighstone home move. Where a duplicate share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Brighstone Leasehold Conveyancing - A selection of Queries Prior to Purchasing

      Please note if it is fewer than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your lender that they are happy with the length of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you will be required to have owned the premises for 24 months before you are eligible to carry out a lease extension. Is anyone aware of any major works anticipated that could increase the maintenance charges? Be sure to enquire if there are any onerous restrictions in the lease. For example it is reasonably common in Brighstone leases that pets are not permitted in certain buildings in Brighstone. If you love the apartmentin Brighstone however your dog can’t move with you then you will be faced hard compromise.

    Other Topics

    Lease Extensions in Brighstone