Fixed-fee leasehold conveyancing in Charlbury:

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Recently asked questions relating to Charlbury leasehold conveyancing

I want to rent out my leasehold apartment in Charlbury. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your last Charlbury conveyancing solicitor is not available you can review your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet without first obtaining consent. The consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Estate agents have just been given the go-ahead to market my basement flat in Charlbury.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – what should I do?

The sensible thing to do is clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I've recently bought a leasehold flat in Charlbury. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I am a negotiator for a reputable estate agency in Charlbury where we see a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Charlbury conveyancing solicitors. Please can you confirm whether the vendor of a flat can commence the lease extension formalities for the buyer?

As long as the seller has been the owner 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. This means 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 has to be done before, 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 buyer.

Can you provide any advice for leasehold conveyancing in Charlbury from the perspective of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Charlbury can be reduced if you appoint 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 buyers conveyancers.
  • Many landlords or Management Companies in Charlbury charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Charlbury.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Charlbury leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Where you fail to have the approvals in place you should not contact the landlord without contacting your lawyer in advance.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a time consuming formality and delays many a Charlbury home move. If a new share is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Charlbury Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      The best form of lease arrangement is a share of the freehold. In this situation the leaseholders benefit from being in charge if their destiny and notwithstanding that a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent employed by the leaseholders. How many of the leaseholders are in arrears for their maintenance charge payments? What is the the remaining lease term?

    Other Topics

    Lease Extensions in Charlbury