Experts for Leasehold Conveyancing in Dunstable

Leasehold conveyancing in Dunstable 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 Dunstable and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Frequently asked questions relating to Dunstable leasehold conveyancing

My partner and I may need to let out our Dunstable garden flat temporarily due to a career opportunity. We used a Dunstable conveyancing firm in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Dunstable conveyancing solicitor is not 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 non-specific, subletting is allowed. Quite often there is a prerequisite that you need to seek permission from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only Sixty One years left on my lease in Dunstable. I am keen to get lease extension but my landlord 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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to locate the lessor. On the whole a specialist may be useful to conduct investigations and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Dunstable.

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

  • A significant proportion of the frustration in leasehold conveyancing in Dunstable can be bypassed if you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation needed by the buyers lawyers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Dunstable state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals in place you should not contact the landlord without contacting your lawyer before hand.
  • Some Dunstable 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 put in hand 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 solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The purchasers 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 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 will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to ongoing.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate can be a lengthy process and delays many a Dunstable home move. If a new share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

  • If all goes to plan we aim to complete our sale of a £275000 apartment in Dunstable in six days. The managing agents has quoted £336 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Dunstable?

    Dunstable conveyancing on leasehold maisonettes normally necessitates the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is not legally bound to respond to these enquiries the majority will be willing to do so. They may levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

    What makes a Dunstable lease unmortgageable?

    Leasehold conveyancing in Dunstable is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • A duty to insure the building
    • 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 problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Platform Home Loans Ltd 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 is defective they may refuse to grant the mortgage, forcing the buyer to pull out.

    Leasehold Conveyancing in Dunstable - A selection of Queries Prior to Purchasing

      How many of the leaseholders are in arrears for their service charge payments? If a Dunstable lease has no more than eighty years it will affect the value of the flat. Check with your mortgage company that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this would cost. Remember, in most cases you would be required to have been the owner of the residence for a couple of years before you are entitled to extend the lease. What is the name of the managing agents?

    Other Topics

    Lease Extensions in Dunstable