Fixed-fee leasehold conveyancing in Charmouth:

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Leasehold conveyancing in Charmouth 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 Charmouth and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Charmouth leasehold conveyancing: Q and A’s

I want to let out my leasehold apartment in Charmouth. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Some leases for properties in Charmouth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review 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.

I am looking at a couple of flats in Charmouth both have about 50 years left on the lease term. Will this present a problem?

There are no two ways about it. A leasehold flat in Charmouth is a wasting asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the salability of the property. The majority of buyers and lenders, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Charmouth conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

What are your top tips when it comes to choosing a Charmouth conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Charmouth conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Charmouth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Charmouth who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Charmouth with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Charmouth can be bypassed if you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the purchasers’ lawyers.
    • The majority landlords or managing agents in Charmouth charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. 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 Charmouth.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Charmouth state that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. If you fail to have the approvals in place do not communicate with the landlord without checking with your conveyancer first.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and slows down many a Charmouth home move. Where a duplicate share is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to where the lease term is below 80 years. In the circumstances it is important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • In relation to leasehold conveyancing in Charmouth what are the most frequent lease defects?

    Leasehold conveyancing in Charmouth is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations 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

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

    Charmouth Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

      It is important to be aware if a new roof is being installed or some other significant cost is coming up that will be shared by the leaseholders and could well materially increase the the service fees or require a one off invoice. How many of the leaseholders are in arrears for their maintenance charge payments? It would be a good idea to find out if there is anything that is prohibited in the lease. For instance it is fairly common in Charmouth leases that pets are not allowed in in a block in Charmouth. If you love the propertyin Charmouth but your cat is not allowed to move with you then you will be presented with a hard determination.

    Other Topics

    Lease Extensions in Charmouth