Guaranteed fixed fees for Leasehold Conveyancing in Brockenhurst

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When it comes to leasehold conveyancing in Brockenhurst, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your lender is to be Lloyds, RBS or Bradford & Bingley make sure you find a lawyer on their approved list. Feel free to use our search tool

Questions and Answers: Brockenhurst leasehold conveyancing

My fiance and I may need to rent out our Brockenhurst ground floor flat temporarily due to taking a sabbatical. We used a Brockenhurst conveyancing practice in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Brockenhurst conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must seek consent from your landlord or some other party before subletting. This means you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I have just started marketing my 2 bed flat in Brockenhurst.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 managing agents will not acknowledge the buyer until 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. This will smooth the conveyancing process.

Last month I purchased a leasehold property in Brockenhurst. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What are your top tips when it comes to choosing a Brockenhurst conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Brockenhurst conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Brockenhurst conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Brockenhurst who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Brockenhurst from the point of view of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Brockenhurst can be avoided if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
    • The majority landlords or Management Companies in Brockenhurst levy fees 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 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 usual cause of frustration in leasehold conveyancing in Brockenhurst.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Brockenhurst leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the paperwork in place do not contact the landlord without contacting your lawyer in the first instance.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a time consuming formality and delays many a Brockenhurst home move. Where a reissued share is needed, do contact the company officers or managing agents (where 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 by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I purchased a 1 bedroom flat in Brockenhurst, conveyancing having been completed 2006. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Brockenhurst with over 90 years remaining are worth £190,000. The ground rent is £50 invoiced annually. The lease expires on 21st October 2080

    With just 55 years remaining on your lease we estimate the price of your lease extension to span between £26,600 and £30,800 as well as plus your own and the landlord's "reasonable" professional fees.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Brockenhurst