Quality lawyers for Leasehold Conveyancing in Dawlish

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Sample questions relating to Dawlish leasehold conveyancing

I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Dawlish. Conveyancing advisers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Dawlish ?

Most houses in Dawlish are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Dawlish so you should seriously consider looking for a Dawlish conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

I am employed by a reputable estate agent office in Dawlish where we see a number of leasehold sales derailed due to short leases. I have received inconsistent advice from local Dawlish conveyancing firms. Could you clarify whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is 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.

What are your top tips when it comes to choosing a Dawlish conveyancing firm to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Dawlish conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Dawlish conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the firm with lease extension legislation?
  • What are the costs for lease extension work?

  • Do you have any advice for leasehold conveyancing in Dawlish from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Dawlish can be bypassed if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
    • The majority freeholders or Management Companies in Dawlish levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Dawlish.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Dawlish leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such alterations. If you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Dawlish leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Completion in due on the disposal of our £150000 garden flat in Dawlish in 10 days. The landlords agents has quoted £336 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Dawlish?

    Dawlish conveyancing on leasehold maisonettes more often than not requires the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be willing to assist. They may charge a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it is in excess of £800. The management information fee levied by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is technically not due. In reality one has no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

    I acquired a ground floor flat in Dawlish, conveyancing was carried out 7 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Dawlish with over 90 years remaining are worth £176,000. The average or mid-range amount of ground rent is £60 per annum. The lease expires on 21st October 2088

    With 62 years unexpired we estimate the premium for your lease extension to span between £16,200 and £18,600 as well as legals.

    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 without more detailed investigations. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Dawlish