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Any conveyancing practice can theoretically deal with your leasehold conveyancing in Buckingham, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Buckingham leasehold conveyancing Example Support Desk Enquiries

I want to let out my leasehold flat in Buckingham. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Some leases for properties in Buckingham do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see 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 permission.

I have recently realised that I have Seventy years unexpired on my lease in Buckingham. I need to get lease extension but my landlord is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the landlord. On the whole an enquiry agent would be useful to carry out a search and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Buckingham.

I’m about to sell my ground floor flat in Buckingham.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is 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.

What advice can you give us when it comes to appointing a Buckingham conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Buckingham conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Buckingham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • If they are not ALEP accredited then why not?
  • How many lease extensions have they carried out in Buckingham in the last 12 months?

    • Can you provide any advice for leasehold conveyancing in Buckingham from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Buckingham can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
    • The majority landlords or managing agents in Buckingham charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Buckingham.
  • Some Buckingham leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the yearly 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 there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a replacement share certificate can be a time consuming formality and delays many a Buckingham home move. Where a duplicate share is necessary, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • Leasehold Conveyancing in Buckingham - Examples of Queries before Purchasing

      What is the annual service fee and ground rent? The prefered form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this situation the leaseholders benefit from control and notwithstanding that a managing agent is often retained where the building is larger than a house conversion, the managing agent is directed by the tenants. Where a Buckingham lease has fewer than eighty years it will affect the salability of the property. Check with your bank that they are content with residual term of the lease. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth finding out how much this will be. For most Buckinghamlease extensions you would be required to have owned the property for 24 months in order to be entitled to exercise a lease extension.

    Other Topics

    Lease Extensions in Buckingham