Fixed-fee leasehold conveyancing in Buckingham:

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Top Five Questions relating to Buckingham leasehold conveyancing

I am in need of some leasehold conveyancing in Buckingham. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Buckingham - 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.

Estate agents have just been given the go-ahead to market my garden apartment in Buckingham.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

It best that you clear 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.

Can you offer any advice when it comes to finding a Buckingham conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Buckingham conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Buckingham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

  • How experienced is the practice with lease extension legislation?
  • How many lease extensions have they carried out in Buckingham in the last year?

  • Do you have any top tips for leasehold conveyancing in Buckingham with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Buckingham can be avoided where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • Many freeholders or Management Companies in Buckingham charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding 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 reason for delay in leasehold conveyancing in Buckingham.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Buckingham leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Should you fail to have the consents in place you should not contact the landlord without contacting your conveyancer first.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Arranging a duplicate share certificate is often a lengthy process and delays many a Buckingham conveyancing deal. Where a reissued share certificate is required, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

  • What are the common deficiencies that you come across in leases for Buckingham properties?

    Leasehold conveyancing in Buckingham is not unique. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the building
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, The Mortgage Works, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to pull out.

    Buckingham Leasehold Conveyancing - Sample of Queries Prior to Purchasing

      What prohibitions are there in the Buckingham Lease? The answer will be helpful as a) areas can cause problems for the building as the communal areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the running of the building you will wish to have all the details The best form of lease structure is if the freehold title is owned by the leaseholders. In this arrangement the tenants benefit from control and notwithstanding that a managing agent is frequently employed if the building is larger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in Buckingham