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Brynford leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Brynford. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Brynford - then the leasehold title will always include the basic details 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 studio apartment in Brynford. Conveyancing lawyers inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Brynford should include some of the following:

  • You should receive a copy of the lease
  • The total extent of the demise. This will be the flat itself but might incorporate a roof space or cellar if appropriate.
  • Does the lease prevent you from renting out the property, 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 will change in the future
  • Whether your lease has a provision for a reserve fund?
  • Changes to the flat (alterations and additions) For a comprehensive list of information to be included in your report on your leasehold property in Brynford please enquire of your lawyer in advance of your conveyancing in Brynford

    • I own a leasehold house in Brynford. Conveyancing and Virgin Money mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Brynford who acted for me is not around.Any advice?

    First contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Brynford conveyancing lawyer to do this as it can be done on-line for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am employed by a busy estate agency in Brynford where we see a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Brynford conveyancing firms. Can you clarify whether the seller of a flat can initiate 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. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with 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 buyer.

    Do you have any top tips for leasehold conveyancing in Brynford with the intention of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Brynford can be reduced where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Brynford state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such changes. Where you dont have the consents in place do not communicate with the landlord without checking with your lawyer in the first instance.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Obtaining a re-issued share certificate is often a time consuming formality and slows down many a Brynford home move. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 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.

    • Leasehold Conveyancing in Brynford - Sample of Queries before Purchasing

      The best form of lease arrangement is a share of the freehold. In this situation the tenants enjoy being in charge if their destiny and notwithstanding that a managing agent is often retained where the building is larger than a house conversion, the managing agent employed by the leaseholders. It would be a good idea to discover if the the lease contains any adverse restrictions in the lease. For instance it is reasonably common in Brynford leases that pets are not permitted in in a block in Brynford. If you love the flatin Brynford but your dog can’t live with you then you will be faced hard choice. Are any of leasehold owners in dispute over their service charge payments?

    Other Topics

    Lease Extensions in Brynford