Buckingham leasehold conveyancing Example Support Desk Enquiries
I want to rent out my leasehold apartment in Buckingham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A small minority of properties in Buckingham do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
There are only 72 years remaining on my flat in Buckingham. I now wish to get lease extension but my landlord is absent. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. On the whole a specialist would be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Buckingham.
I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Buckingham. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
Most houses in Buckingham are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Buckingham in which case you should be shopping around for a Buckingham conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will report to you on the legal implications.
Do you have any advice for leasehold conveyancing in Buckingham with the purpose of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Buckingham can be reduced where you appoint lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives.
- Many landlords or Management Companies in Buckingham charge for providing management packs for a leasehold homes. You or your lawyers should find out 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 common cause of frustration in leasehold conveyancing in Buckingham.
- In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Buckingham leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Should you fail to have the consents to hand do not contact the landlord without contacting your conveyancer in advance.
- A minority of Buckingham leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
- If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Arranging a replacement share certificate can be a time consuming process and slows down many a Buckingham home move. If a new share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 425000 apartment in Buckingham in six days. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Buckingham?
Buckingham conveyancing on leasehold flats more often than not involves the purchaser’s solicitor submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be content to do so. They may charge a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge levied by the landlord must be sent together with a summary of rights and obligations in relation to administration fees, without which the charge is not strictly payable. In reality one has no option but to pay whatever is demanded should you wish to sell the property.
I bought a 2 bed flat in Buckingham, conveyancing was carried out in 2012. Can you work out an approximate cost of a lease extension? Similar flats in Buckingham with over 90 years remaining are worth £184,000. The average or mid-range amount of ground rent is £55 charged once a year. The lease ends on 21st October 2096
You have 70 years unexpired the likely cost is going to range between £10,500 and £12,000 as well as plus your own and the landlord's "reasonable" professional fees.
The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.