Fixed-fee leasehold conveyancing in Cudworth:

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When it comes to leasehold conveyancing in Cudworth, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Clydesdale , Birmingham Midshires or NatWest make sure you find a lawyer on their panel. Find a Cudworth conveyancing lawyer with our search tool

Sample questions relating to Cudworth leasehold conveyancing

My partner and I may need to let out our Cudworth ground floor flat for a while due to taking a sabbatical. We used a Cudworth conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Cudworth do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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 only have Sixty One years remaining on my lease in Cudworth. I now want to get lease extension but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have used your best endeavours to locate the lessor. For most situations an enquiry agent should be useful to carry out a search and prepare a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Cudworth.

Estate agents have just been given the go-ahead to market my garden apartment in Cudworth.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 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. This will smooth the conveyancing process.

I work for a long established estate agency in Cudworth where we have experienced a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Cudworth conveyancing solicitors. Please can you clarify whether the owner of a flat can commence the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

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.

Do you have any advice for leasehold conveyancing in Cudworth with the intention of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Cudworth can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
  • Many landlords or Management Companies in Cudworth levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Cudworth.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Cudworth leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such changes. If you fail to have the approvals to hand you should not communicate with the landlord without contacting your conveyancer in the first instance.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Organising a new share certificate is often a lengthy formality and frustrates many a Cudworth home move. If a new share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Cudworth Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

      Is the freehold owned collectively by the tenants? Please note if it is no more than 80 years it will impact the value of the property. Check with your lender that they are willing to lend given the lease term. A short lease means that you will almost definitely require a lease extension at some point and you need to have some idea of how much this would cost. For most Cudworthlease extensions you will be be obliged to have been the owner of the residence for a couple of years before you are legally able to carry out a lease extension. Who are the managing agents?

    Other Topics

    Lease Extensions in Cudworth