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Leasehold conveyancing in Broadstone is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Broadstone and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Sample questions relating to Broadstone leasehold conveyancing

Expecting to sign contracts shortly on a ground floor flat in Broadstone. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • The total extent of the property. This will be the apartment itself but could also incorporate a loft or basement if applicable.
  • You need to 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
  • 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.
  • 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
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Broadstone please ask your conveyancer in advance of your conveyancing in Broadstone

    • I own a leasehold flat in Broadstone. Conveyancing and Nottingham Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Broadstone who previously acted has long since retired.Any advice?

    First contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Broadstone conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I am employed by a reputable estate agency in Broadstone where we have experienced a number of flat sales jeopardised as a result of short leases. I have been given inconsistent advice from local Broadstone conveyancing firms. Can you clarify whether the owner of a flat can commence 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 proposed purchaser 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 before, or at the same time as completion of the sale.

    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 buyer.

    Can you offer any advice when it comes to appointing a Broadstone conveyancing firm to carry out our lease extension conveyancing?

    When appointing a solicitor for lease extension works (regardless if they are a Broadstone conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Broadstone conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

    • If the firm is not ALEP accredited then why not?
  • Can they put you in touch with client in Broadstone who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Broadstone with the purpose of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Broadstone can be reduced where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers solicitors.
    • Many freeholders or managing agents in Broadstone charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Broadstone.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and pay 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a replacement share certificate can be a time consuming process and frustrates many a Broadstone conveyancing transaction. Where a duplicate share is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Broadstone Leasehold Conveyancing - Sample of Queries Prior to buying

      The answer will be helpful as a) areas could cause problems for the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have all the details Are there any major works on the horizon that could add a premium to the maintenance costs? Best to be warned if fixing the lift or some other major work is pending to be shared by the leasehold owners and may well dramatically impact the level of the service fees or necessitate a one time payment.

    Other Topics

    Lease Extensions in Broadstone