Leasehold Conveyancing in Durham - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Durham, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Lloyds, Yorkshire Building Society or NatWest be sure to find a lawyer on their approved list. Feel free to use our search tool

Top Five Questions relating to Durham leasehold conveyancing

I am on look out for some leasehold conveyancing in Durham. Before diving in I want to be sure as to the remaining lease term.

If the lease is registered - and almost all are in Durham - 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.

Expecting to exchange soon on a garden flat in Durham. Conveyancing lawyers assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Whether your lease has a provision for a sinking fund?
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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
  • 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 Durham please ask your lawyer in advance of your conveyancing in Durham

    • I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Durham. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

    Most houses in Durham are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Durham so you should seriously consider looking for a Durham conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your lawyer will appraise you on the various issues.

    Can you offer any advice when it comes to choosing a Durham conveyancing firm to deal with our lease extension?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Durham conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Durham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • Can they put you in touch with client in Durham who can give a testimonial?
  • What are the legal fees for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Durham from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Durham can be avoided where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
    • The majority freeholders or managing agents in Durham levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Durham.
  • A minority of Durham leases require Licence to Assign from the landlord. If this is the case, it would be prudent to 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 buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than ongoing.
  • If you hold a share in a the freehold, you should ensure that you hold the original share document. Obtaining a replacement share certificate is often a lengthy formality and delays many a Durham conveyancing transaction. Where a duplicate share is needed, do contact the company officers or managing agents (if relevant) for this sooner rather than later.

    • Durham Leasehold Conveyancing - A selection of Queries before Purchasing

      It is important to be aware if fixing the lift or some other significant cost is due shortly to be shared amongst the leasehold owners and could well dramatically increase the the service costs or necessitate a specific payment. How much is the annual service fee and ground rent? On the whole the cost for major works tend not to be built into the maintenance charges, although some managing agents in Durham obliged leaseholders to pay into a reserve fund created for the specific intention of building a fund for major works.

    Other Topics

    Lease Extensions in Durham