Fixed-fee leasehold conveyancing in Dronfield:

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Sample questions relating to Dronfield leasehold conveyancing

I wish to rent out my leasehold flat in Dronfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your previous Dronfield conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to obtain consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. The consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Seventy years unexpired on my flat in Dronfield. I now wish to extend my lease but my landlord is missing. What options are available to me?

If you meet the appropriate requirements, 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 mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases a specialist would be helpful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the application to the County Court covering Dronfield.

I have just appointed agents to market my garden apartment in Dronfield.Conveyancing has not commenced but I have just had a quarterly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay 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 managing agents 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. This will smooth the conveyancing process.

Can you provide any advice for leasehold conveyancing in Dronfield with the intention of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Dronfield can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
  • Many landlords or Management Companies in Dronfield charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Dronfield.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Dronfield state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such works. Should you fail to have the approvals to hand you should not contact the landlord without checking with your solicitor before hand.
  • Some Dronfield leases require Licence to Assign from the landlord. If this is the case, 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 able to meet 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 lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a new share certificate is often a time consuming process and delays many a Dronfield home move. If a new share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

  • In relation to leasehold conveyancing in Dronfield what are the most common lease defects?

    Leasehold conveyancing in Dronfield is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Norwich and Peterborough Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

    I bought a 1st floor flat in Dronfield, conveyancing having been completed 4 years ago. How much will my lease extension cost? Corresponding properties in Dronfield with over 90 years remaining are worth £175,000. The average or mid-range amount of ground rent is £45 per annum. The lease terminates on 21st October 2084

    You have 60 years left to run we estimate the price of your lease extension to be between £22,800 and £26,400 plus costs.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Dronfield