Leasehold Conveyancing in Deepcar - Get a Quote from the leasehold experts approved by your lender

Get a Quote

When it comes to leasehold conveyancing in Deepcar, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Santander, Birmingham Midshires or Nationwide be sure to find a lawyer on their approved list. Find a Deepcar conveyancing lawyer with our search tool

Deepcar leasehold conveyancing: Q and A’s

My partner and I may need to rent out our Deepcar ground floor flat temporarily due to taking a sabbatical. We used a Deepcar conveyancing practice in 2002 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Deepcar do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years left on my flat in Deepcar. I now wish to get lease extension but my freeholder is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. In some cases an enquiry agent should be useful to conduct investigations and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Deepcar.

I have just started marketing my ground floor apartment in Deepcar.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – what should I do?

The sensible thing to do is pay 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

Do you have any top tips for leasehold conveyancing in Deepcar from the perspective of expediting the sale process?

  • Much of the frustration in leasehold conveyancing in Deepcar can be avoided if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
  • Many freeholders or Management Companies in Deepcar levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Deepcar.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Deepcar leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. Should you dont have the approvals to hand do not contact the landlord without contacting your solicitor in advance.
  • A minority of Deepcar leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unsettled. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic rather than ongoing.

    • We expect to complete our sale of a £175000 flat in Deepcar on Friday in a week. The freeholder has quoted £336 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Deepcar?

    Deepcar conveyancing on leasehold flats usually involves the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions most will be content to assist. They are entitled levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The administration charge levied by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, without which the charge is technically not due. Reality however dictates that one has little option but to pay whatever is requested of you should you wish to sell the property.

    Deepcar Leasehold Conveyancing - Sample of Queries before Purchasing

      This question is helpful as a) areas could result in problems in the block as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have full disclosure You will want to discover as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to daily matters such as the upkeep of the communal areas. Enquire of other people what they think of them. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. Are any of leasehold owners in dispute over their service charge payments?

    Other Topics

    Lease Extensions in Deepcar