Fixed-fee leasehold conveyancing in Calcot:

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Frequently asked questions relating to Calcot leasehold conveyancing

I am in need of some leasehold conveyancing in Calcot. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and most are in Calcot - then the leasehold title will always include the basic details 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 only have Seventy years unexpired on my flat in Calcot. I need to get lease extension but my freeholder is can not be found. What should I do?

On the basis that you qualify, 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 mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to find the landlord. For most situations a specialist should be helpful to conduct investigations and prepare a report which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Calcot.

I am employed by a busy estate agency in Calcot where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Calcot conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

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. The benefit of this is that the proposed purchaser can avoid having to wait 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 sale.

An alternative approach is 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 buyer.

What advice can you give us when it comes to finding a Calcot conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Calcot conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Calcot conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • How experienced is the practice with lease extension legislation?
  • What are the legal fees for lease extension work?

    • Do you have any advice for leasehold conveyancing in Calcot with the aim of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Calcot can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers conveyancers.
    • The majority landlords or managing agents in Calcot charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. 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 frequent reason for delay in leasehold conveyancing in Calcot.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Calcot state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you dont have the paperwork in place do not communicate with the landlord without contacting your conveyancer in advance.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a time consuming formality and delays many a Calcot conveyancing transaction. If a new share is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Calcot - Sample of Questions you should consider Prior to Purchasing

      In the main the cost for major works are not included within service charges, albeit that there some managing agents in Calcot require tenants to contribute towards a sinking fund and this is used to offset against larger works. This information is useful as a) areas could result in problems for the building as the common areas may start to deteriorate where maintenance are not paid for b) if the tenants have an issue with the managing agents you will wish to know about it Does the lease have onerous restrictions?

    Other Topics

    Lease Extensions in Calcot