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Canford Cliffs leasehold conveyancing: Q and A’s

My wife and I may need to sub-let our Canford Cliffs 1st floor flat for a while due to taking a sabbatical. We instructed a Canford Cliffs conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Canford Cliffs do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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.

Planning to exchange soon on a basement flat in Canford Cliffs. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Canford Cliffs should include some of the following:

  • The total extent of the demise. This will be the property itself but might include a roof space or cellar if applicable.
  • Are you allowed to have a pet in the flat?
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Canford Cliffs please enquire of your solicitor in advance of your conveyancing in Canford Cliffs

  • What advice can you give us when it comes to finding a Canford Cliffs conveyancing firm to deal with our lease extension?

    When appointing a conveyancer for lease extension works (regardless if they are a Canford Cliffs conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Canford Cliffs conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

    • How experienced is the firm with lease extension legislation?
  • What are the charges for lease extension conveyancing?

  • Do you have any advice for leasehold conveyancing in Canford Cliffs from the point of view of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Canford Cliffs can be reduced if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers representatives.
    • The majority landlords or managing agents in Canford Cliffs charge for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Canford Cliffs.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Canford Cliffs leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord acquiescing to such works. Where you fail to have the paperwork in place do not communicate with the landlord without contacting your lawyer before hand.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £375000 apartment in Canford Cliffs in just under a week. The management company has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Canford Cliffs?

    For the majority of leasehold sales in Canford Cliffs conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Addressing conveyancing due diligence enquiries
    • Where consent is required before sale in Canford Cliffs
    • Copies of the building insurance and schedule
    • 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 Canford Cliffs leasehold premises is £350. For Canford Cliffs 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 provide the information.

    Canford Cliffs Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

      How much is the yearly service fee and ground rent? The best form of lease structure is a share of the freehold. In this situation the tenants benefit from control and although a managing agent is frequently employed where it is larger than a house conversion, the managing agent retained by the leaseholders. Are any of leasehold owners in dispute over their service charge liability?

    Other Topics

    Lease Extensions in Canford Cliffs