Experts for Leasehold Conveyancing in Downend

Leasehold conveyancing in Downend is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Downend and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Examples of recent questions relating to leasehold conveyancing in Downend

Harry (my fiance) and I may need to let out our Downend ground floor flat temporarily due to a career opportunity. We used a Downend conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Downend 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 silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Expecting to exchange soon on a leasehold property in Downend. Conveyancing solicitors inform me that they will have a report out to me on Monday. What should I be looking out for?

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

  • The total extent of the property. This will be the flat itself but may incorporate a roof space or basement if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the block.E.G., does the lease contain a right of way over an accessway or staircase?
  • 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
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Downend please ask your lawyer in ahead of your conveyancing in Downend

  • I have just started marketing my basement flat in Downend.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge invoice – what should I do?

    It best that you clear the invoice 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 management companies will not acknowledge the buyer unless 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.

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

    When appointing a conveyancer for your lease extension (regardless if they are a Downend conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Downend conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

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

  • Can you provide any top tips for leasehold conveyancing in Downend from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Downend can be bypassed where you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Downend leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. Where you fail to have the approvals to hand you should not communicate with the landlord without checking with your solicitor in the first instance.
  • Some Downend leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any 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 purchasers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 details of the dispute to the purchasers, but it is better to present the dispute as over rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Arranging a replacement share certificate can be a lengthy formality and slows down many a Downend home move. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

  • I invested in buying a 2 bed flat in Downend, conveyancing was carried out half a dozen years ago. Can you work out an approximate cost of a lease extension? Corresponding flats in Downend with over 90 years remaining are worth £262,000. The ground rent is £50 yearly. The lease expires on 21st October 2100

    With just 79 years remaining on your lease the likely cost is going to range between £8,600 and £9,800 plus legals.

    The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Downend