Fixed-fee leasehold conveyancing in Downend:

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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Downend, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Downend leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Downend. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is registered - and most are in Downend - 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.

Planning to exchange soon on a studio apartment in Downend. Conveyancing lawyers inform me that they are sending me a report next week. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Setting out your legal entitlements in relation to the communal areas in the block.E.G., does the lease contain a right of way over a path or staircase?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You should be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Downend please ask your solicitor in ahead of your conveyancing in Downend

    • Last month I purchased a leasehold property in Downend. Am I liable to pay service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

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

    If you are instructing a conveyancer for your lease extension (regardless if they are a Downend conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Downend conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

    • How many lease extensions have they conducted in Downend in the last year?
  • Can they put you in touch with client in Downend who can give a testimonial?

    • What makes a Downend lease problematic?

    There is nothing unique about leasehold conveyancing in Downend. Most leases are individual and drafting errors can result in certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Coventry Building Society, and Aldermore all have express 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 provide security, obliging the purchaser to withdraw.

    Downend Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      In the main the cost for major works tend not to be included within maintenance charges, albeit that some managing agents in Downend ask tenants to pay into a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance. How is the lease structured? It would be sensible to enquire if there are any onerous restrictions in the lease. For instance it is very common in Downend leases that pets are not allowed in certain buildings in Downend. If you love the apartmentin Downend however your dog is not allowed to move with you then you will be presented with a hard choice.

    Other Topics

    Lease Extensions in Downend