Common questions relating to Criccieth leasehold conveyancing
Looking forward to complete next month on a garden flat in Criccieth. Conveyancing solicitors assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Criccieth should include some of the following:
- You should receive a copy of the lease
I today plan to offer on a house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Criccieth. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Criccieth ?
Most houses in Criccieth are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Criccieth in which case you should be shopping around for a Criccieth conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your conveyancer will report to you on the legal implications.
I work for a reputable estate agency in Criccieth where we have experienced a few flat sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Criccieth conveyancing firms. Could you shed some light as to whether the owner of a flat can start the lease extension formalities 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. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
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 purchaser.
What are your top tips when it comes to choosing a Criccieth conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Criccieth conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Criccieth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How many lease extensions have they carried out in Criccieth in the last twenty four months?
Do you have any advice for leasehold conveyancing in Criccieth from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Criccieth can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Criccieth leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such works. If you fail to have the approvals to hand you should not contact the landlord without contacting your conveyancer before hand.
Criccieth Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
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It would be a good idea to enquire if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Criccieth. If you love the flatin Criccieth however your cat can’t move with you then you will be faced hard choice.
This question is useful as a) areas could cause problems in the building as the common areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to have full disclosure
Who takes responsibility for maintaining and repairing the block?
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