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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Downham Market, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Downham Market leasehold conveyancing

Frank (my husband) and I may need to let out our Downham Market garden flat temporarily due to a new job. We instructed a Downham Market conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Downham Market conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of prior consent. The consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Expecting to exchange soon on a garden flat in Downham Market. Conveyancing solicitors assured me that they report fully on Monday. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • Defining your legal entitlements in respect of common areas in the building.For example, does the lease provide for 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 must be told what constitutes a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Downham Market please ask your conveyancer in advance of your conveyancing in Downham Market

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

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    Can you offer any advice when it comes to finding a Downham Market conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Downham Market conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Downham Market conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Downham Market who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Downham Market with the purpose of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Downham Market can be bypassed where you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
    • The majority landlords or Management Companies in Downham Market charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Downham Market.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Downham Market state that internal structural changes or laying down wooden flooring require a licence from the Landlord acquiescing to such changes. Should you dont have the approvals in place you should not communicate with the landlord without contacting your solicitor in the first instance.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy process and slows down many a Downham Market home move. Where a new share certificate is necessary, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable verify this via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Downham Market Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

      Does the lease have in excess of 85 years unexpired? Does the lease contain onerous restrictions? For most Downham Market leaseholds the cost for major works tend not to be built into the maintenance charges, albeit that some managing agents in Downham Market ask leasehold owners to pay into a sinking fund created for the specific intention of building a fund for major repairs or maintenance.

    Other Topics

    Lease Extensions in Downham Market