Fixed-fee leasehold conveyancing in Chesterfield:

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Common questions relating to Chesterfield leasehold conveyancing

I am in need of some leasehold conveyancing in Chesterfield. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is registered - and almost all are in Chesterfield - then the leasehold title will always include the short particulars 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.

Expecting to sign contracts shortly on a leasehold property in Chesterfield. Conveyancing lawyers assured me that they are sending me a report tomorrow. What should I be looking out for?

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

  • Are pets allowed in the flat?
  • Does the lease prevent you from letting out the flat, 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
  • 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 For a comprehensive list of information to be contained in your report on your leasehold property in Chesterfield please ask your conveyancer in advance of your conveyancing in Chesterfield

  • I have just appointed agents to market my 2 bed flat in Chesterfield.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – Do I pay up?

    It best that you pay the invoice 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

    My wife and I purchased a leasehold house in Chesterfield. Conveyancing and Lloyds TSB Bank mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Chesterfield who previously acted has now retired.Do I pay?

    First make enquiries of HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Chesterfield conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    What are the frequently found defects that you see in leases for Chesterfield properties?

    Leasehold conveyancing in Chesterfield is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Barnsley Building Society, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

    Chesterfield Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

      How is the lease structured? What is the name of the managing agents? What prohibitions are contained in the Chesterfield Lease?

    Other Topics

    Lease Extensions in Chesterfield