Having had my offer accepted I require leasehold conveyancing in Buckingham. Before diving in I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most 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.

I would like to rent out my leasehold flat in Buckingham. Conveyancing solicitor who did the purchase is retired - so can't ask him. 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 review references. Experience suggests 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 work for a long established estate agent office in Buckingham where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Buckingham conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension formalities for the buyer?

Provided that the seller has been the owner 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 buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

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

• Much of the frustration in leasehold conveyancing in Buckingham can be reduced if you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers lawyers.
• The majority landlords or Management Companies 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 can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Buckingham.

If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Buckingham leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such works. Where you dont have the paperwork in place you should not contact the landlord without checking with your conveyancer in the first instance.

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 obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 buyers or their solicitors.

If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Obtaining a duplicate share certificate is often a time consuming formality and frustrates many a Buckingham home move. If a reissued share is needed, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

If all goes to plan we aim to complete our sale of a £225000 apartment in Buckingham next week. The freeholder has quoted £384 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Buckingham?

Buckingham conveyancing on leasehold flats ordinarily results in administration charges levied by landlords agents :

• Completing pre-contract questions
• Where consent is required before sale in Buckingham
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Buckingham leasehold premises is £350. For Buckingham conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I purchased a 2 bed flat in Buckingham, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Buckingham with a long lease are worth £173,000. The ground rent is £65 invoiced annually. The lease terminates on 21st October 2098

You have 73 years left to run we estimate the premium for your lease extension to range between £11,400 and £13,200 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 cannot give you the actual costs in the absence of comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.

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Lease Extensions in Buckingham