Guaranteed fixed fees for Leasehold Conveyancing in Burton Latimer

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Leasehold conveyancing in Burton Latimer is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Burton Latimer and throughout next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Frequently asked questions relating to Burton Latimer leasehold conveyancing

I've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Burton Latimer. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in Burton Latimer are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Burton Latimer in which case you should be shopping around for a Burton Latimer conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold house in Burton Latimer. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Burton Latimer who previously acted has long since retired.Any advice?

The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Burton Latimer conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a busy estate agent office in Burton Latimer where we have experienced a number of flat sales derailed due to short leases. I have been given inconsistent advice from local Burton Latimer conveyancing solicitors. Please can you shed some light as to whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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 Burton Latimer from the point of view of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Burton Latimer can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Burton Latimer state that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such alterations. If you fail to have the consents in place do not communicate with the landlord without contacting your solicitor in advance.
  • Some Burton Latimer leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is 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 lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a new share certificate can be a time consuming formality and slows down many a Burton Latimer conveyancing transaction. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

    • Are there frequently found deficiencies that you see in leases for Burton Latimer properties?

    Leasehold conveyancing in Burton Latimer is not unique. All leases are unique and drafting errors can sometimes mean that certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • 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

    You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, The Royal Bank of Scotland, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    Burton Latimer Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

      This question is useful as a) areas could cause problems for the building as the common areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the running of the building you will need to know about it Is there a share of the freehold? Most Burton Latimer leasehold apartments will have a service charge for maintenance of the building levied by the management company. If you buy the apartment you will have to meet this amount, usually in instalments accross the year. This can differ from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a ground rent to be met yearly, normally this is not a large amount, say approximately £50-£100 but you should to check it because sometimes it could be prohibitively expensive.

    Other Topics

    Lease Extensions in Burton Latimer