Experts for Leasehold Conveyancing in Dawlish

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When it comes to leasehold conveyancing in Dawlish, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or Nationwide be sure to find a lawyer on their panel. Feel free to use our search tool

Frequently asked questions relating to Dawlish leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Dawlish. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is registered - and almost all are in Dawlish - 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.

I would like to rent out my leasehold apartment in Dawlish. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Dawlish conveyancing lawyer is no longer available you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to seek consent from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I am tempted by the attractive purchase price for a two maisonettes in Dawlish both have in the region of fifty years left on the leases. Will this present a problem?

There is no doubt about it. A leasehold apartment in Dawlish is a wasting asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the marketability of the property. The majority of buyers and mortgage companies, leases with less than eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Dawlish conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you provide any top tips for leasehold conveyancing in Dawlish from the perspective of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Dawlish can be reduced if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ solicitors.
  • The majority landlords or Management Companies in Dawlish levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Dawlish.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Dawlish state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the paperwork in place do not contact the landlord without checking with your lawyer in advance.
  • A minority of Dawlish leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Organising a new share certificate can be a time consuming formality and frustrates many a Dawlish conveyancing transaction. If a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • Are there common deficiencies that you come across in leases for Dawlish properties?

    There is nothing unique about leasehold conveyancing in Dawlish. All leases are unique and legal mistakes in the legal wording can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the property
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Bank of Scotland, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Dawlish Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

      Who are the managing agents? Does the lease have onerous restrictions? Make sure you find out if there are any onerous prohibitions in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Dawlish. If you love the flatin Dawlish however your cat is not allowed to move with you then you will be presented with a difficult determination.

    Other Topics

    Lease Extensions in Dawlish