Fixed-fee leasehold conveyancing in Darley Abbey:

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Frequently asked questions relating to Darley Abbey leasehold conveyancing

I wish to rent out my leasehold flat in Darley Abbey. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A lease dictates relations between the freeholder and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Darley Abbey do not prevent subletting altogether – such a clause would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I am hoping to exchange soon on a garden flat in Darley Abbey. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Darley Abbey should include some of the following:

  • How long the lease is You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • The physical extent of the demise. This will be the flat itself but might include a roof space or cellar if applicable.
  • You need to be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • 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 Darley Abbey please ask your solicitor in ahead of your conveyancing in Darley Abbey

  • I work for a long established estate agency in Darley Abbey where we see a number of leasehold sales derailed due to short leases. I have received inconsistent advice from local Darley Abbey conveyancing solicitors. Can you confirm whether the vendor of a flat can commence the lease extension formalities for the buyer?

    Provided that the seller has been the owner 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 proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, 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 purchaser.

    What are your top tips when it comes to finding a Darley Abbey conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Darley Abbey conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Darley Abbey conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

    • How experienced is the firm with lease extension legislation?
  • How many lease extensions has the firm completed in Darley Abbey in the last twenty four months?

  • Do you have any top tips for leasehold conveyancing in Darley Abbey from the point of view of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Darley Abbey can be avoided if you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers representatives.
    • Many freeholders or managing agents in Darley Abbey charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Darley Abbey.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Darley Abbey leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such works. Should you fail to have the approvals in place do not communicate with the landlord without contacting your lawyer in advance.
  • Some Darley Abbey leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you hold a share in a the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate is often a lengthy formality and frustrates many a Darley Abbey home move. If a reissued share certificate is necessary, you should approach the company officers or managing agents (where relevant) for this as soon as possible.

  • I purchased a 2 bed flat in Darley Abbey, conveyancing formalities finalised half a dozen years ago. How much will my lease extension cost? Corresponding flats in Darley Abbey with over 90 years remaining are worth £205,000. The average or mid-range amount of ground rent is £55 invoiced every year. The lease ends on 21st October 2089

    You have 68 years left to run we estimate the premium for your lease extension to span between £8,600 and £9,800 as well as legals.

    The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of detailed investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously 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 Darley Abbey