Quality lawyers for Leasehold Conveyancing in Disley

When it comes to leasehold conveyancing in Disley, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, Yorkshire Building Society or Bradford & Bingley be sure to find a lawyer on their approved list. Find a Disley conveyancing lawyer with our search tool

Examples of recent questions relating to leasehold conveyancing in Disley

I am in need of some leasehold conveyancing in Disley. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Disley - then the leasehold title will always include the basic details 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 have recently realised that I have Seventy years left on my flat in Disley. I am keen to get lease extension but my freeholder is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the lessor. For most situations an enquiry agent would be helpful to try and locate and to produce a report to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the application to the County Court covering Disley.

Due to sign contracts shortly on a basement flat in Disley. Conveyancing lawyers inform me that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Disley should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from subletting the property, or working from home
  • Changes to the flat (alterations and additions)
  • 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 a comprehensive list of information to be included in your report on your leasehold property in Disley please ask your lawyer in ahead of your conveyancing in Disley

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

    • Much of the frustration in leasehold conveyancing in Disley can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
    • Some Disley leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 buyers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 clearly preferable to present the dispute as historic rather than unresolved.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share document. Obtaining a re-issued share certificate is often a time consuming process and delays many a Disley conveyancing transaction. If a reissued share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is below 80 years. In the circumstances it is important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

  • We expect to complete the sale of our £475000 flat in Disley in just under a week. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Disley?

    Disley conveyancing on leasehold flats normally involves the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to respond to these enquiries the majority will be willing to do so. They are entitled invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration charges, otherwise the invoice is not strictly payable. Reality however dictates that you have no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Disley Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

      This information is important as a) areas may result in problems in the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the running of the building you will need to know about it In the main the cost for major works are not wrapped into the service charges, albeit that there some managing agents in Disley obliged leasehold owners to pay into a sinking fund and this is used to offset against major repairs or maintenance. Its a good idea to find out as much as possible about the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily matters like the upkeep of the common parts. Ask other tenants what they think of their management. In conclusion, investigate as to the dates that the service charges are due to the managing agents and precisely what it includes.

    Other Topics

    Lease Extensions in Disley