Leasehold Conveyancing in Chester - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Chester, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Lloyds, RBS or Bradford & Bingley make sure you find a lawyer on their approved list. Feel free to use our search tool

Examples of recent questions relating to leasehold conveyancing in Chester

I am hoping to complete next month on a garden flat in Chester. Conveyancing solicitors have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Chester should include some of the following:

  • The physical extent of the premises. This will be the property itself but could also incorporate a loft or basement if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the property, or having a home office for business
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Chester please ask your conveyancer in advance of your conveyancing in Chester

    • Back In 2001, I bought a leasehold house in Chester. Conveyancing and Lloyds TSB Bank mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Chester who previously acted has now retired.Do I pay?

    First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Chester conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am a negotiator for a long established estate agent office in Chester where we see a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Chester conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?

    Provided that 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 buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

    Alternatively, it may be possible 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 choosing a Chester conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a solicitor for your lease extension (regardless if they are a Chester conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Chester conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

    • If they are not ALEP accredited then what is the reason?
  • How many lease extensions has the firm completed in Chester in the last twenty four months?

    • Can you provide any advice for leasehold conveyancing in Chester with the intention of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Chester can be bypassed if you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Chester state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. If you dont have the approvals in place do not communicate with the landlord without checking with your conveyancer before hand.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge 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 will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to ongoing.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Organising a duplicate share certificate is often a time consuming formality and slows down many a Chester conveyancing deal. Where a duplicate share certificate is needed, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your solicitors. 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 less than 75 years. It is therefore essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Chester Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

      Does the lease have in excess of 90 years left? How much is the ground rent and service charge? Is the freehold reversion owned jointly by the leaseholders?

    Other Topics

    Lease Extensions in Chester