Fixed-fee leasehold conveyancing in Cirencester:

Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Cirencester, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Cirencester leasehold conveyancing: Q and A’s

Harry (my fiance) and I may need to let out our Cirencester 1st floor flat for a while due to a career opportunity. We used a Cirencester conveyancing practice in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

A lease governs relations between the landlord and you the flat owner; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Cirencester do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Due to complete next month on a ground floor flat in Cirencester. Conveyancing solicitors inform me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • Defining your rights in respect of common areas in the building.E.G., does the lease provide for a right of way over an accessway or hallways?
  • You must be told what counts as a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • 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.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Cirencester please ask your solicitor in ahead of your conveyancing in Cirencester

  • I’m about to sell my garden flat in Cirencester.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – what should I do?

    Your conveyancing lawyer is likely to suggest that you should discharge 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 management companies will not acknowledge the buyer unless 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.

    What are your top tips when it comes to appointing a Cirencester conveyancing firm to carry out our lease extension conveyancing?

    When appointing a conveyancer for lease extension works (regardless if they are a Cirencester conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Cirencester conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

    • What volume of lease extensions have they conducted in Cirencester in the last 12 months?
  • Can they put you in touch with client in Cirencester who can give a testimonial?

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

    • A significant proportion of the delay in leasehold conveyancing in Cirencester can be bypassed where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • The majority landlords or managing agents in Cirencester charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. 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 frequent reason for delay in leasehold conveyancing in Cirencester.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Cirencester state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Should you dont have the approvals in place you should not contact the landlord without checking with your lawyer first.
  • If you have had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unsettled. You may need to swallow your pride and discharge any arrears of service charge or settle 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 clearly preferable to reveal the dispute as over rather than ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a duplicate share certificate can be a time consuming process and frustrates many a Cirencester home move. If a new share certificate is needed, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

  • I bought a basement flat in Cirencester, conveyancing having been completed 2003. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Cirencester with an extended lease are worth £184,000. The average or mid-range amount of ground rent is £55 yearly. The lease terminates on 21st October 2082

    With just 58 years remaining on your lease we estimate the premium for your lease extension to range between £25,700 and £29,600 as well as professional fees.

    The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Cirencester