Guaranteed fixed fees for Leasehold Conveyancing in Burford

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When it comes to leasehold conveyancing in Burford, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Clydesdale , Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their approved list. Feel free to use our search tool

Frequently asked questions relating to Burford leasehold conveyancing

Harry (my fiance) and I may need to rent out our Burford 1st floor flat temporarily due to a career opportunity. We used a Burford conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs relations between the landlord and you the flat owner; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Burford do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I have recently realised that I have 68 years left on my flat in Burford. I now wish to get lease extension but my freeholder is absent. What are my options?

If 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the landlord. On the whole an enquiry agent should be useful to try and locate and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Burford.

Back In 2000, I bought a leasehold house in Burford. Conveyancing and HSBC Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Burford who previously acted has now retired.Any advice?

The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a Burford conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a two maisonettes in Burford both have in the region of forty five years left on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the marketability of the lease deteriorate and it becomes more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. It is often difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area

Can you provide any top tips for leasehold conveyancing in Burford from the perspective of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Burford can be avoided if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
  • The majority landlords or Management Companies in Burford levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Burford.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Burford leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. If you fail to have the consents to hand do not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Burford leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers 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 certificate. Obtaining a new share certificate is often a lengthy formality and delays many a Burford conveyancing deal. If a duplicate share certificate is required, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

    • Leasehold Conveyancing in Burford - Examples of Questions you should ask before buying

      The best form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this situation the tenants enjoy being in charge if their destiny and even though a managing agent is frequently retained where it is bigger than a house conversion, the managing agent is directed by the tenants. Where a Burford lease has less than 80 years it will affect the marketability of the flat. Check with your bank that they are willing to to proceed given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and it is worth finding out how much this would cost. Remember, in most cases you will be be obliged to have been the owner of the premises for a couple of years in order to be legally able to extend the lease. Best to be warned whether redecorating or some other significant cost is pending to be shared between the leasehold owners and may well materially increase the the service fees or result in a specific payment.

    Other Topics

    Lease Extensions in Burford