Experts for Leasehold Conveyancing in Duxford

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When it comes to leasehold conveyancing in Duxford, you will need to chose a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Santander, Birmingham Midshires or Nationwide be sure to find a lawyer on their panel. Find a Duxford conveyancing lawyer with our search tool

Examples of recent questions relating to leasehold conveyancing in Duxford

I have recently realised that I have 68 years unexpired on my flat in Duxford. I am keen to extend my lease but my freeholder is absent. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. In some cases a specialist may be helpful to carry out a search and prepare a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court covering Duxford.

I have just appointed agents to market my garden flat in Duxford.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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 until 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 advice can you give us when it comes to appointing a Duxford conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Duxford conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Duxford 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?
  • What are the charges for lease extension work?

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

    • Much of the delay in leasehold conveyancing in Duxford can be reduced where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
    • Many freeholders or managing agents in Duxford levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Duxford.
  • 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 Duxford state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the approvals to hand you should not communicate with the landlord without checking with your lawyer first.
  • A minority of Duxford leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Organising a replacement share certificate can be a time consuming process and slows down many a Duxford conveyancing transaction. Where a duplicate share is necessary, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

    • What makes a Duxford lease unmortgageable?

    There is nothing unique about leasehold conveyancing in Duxford. All leases are unique and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the property
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Norwich and Peterborough Building Society, and TSB all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Duxford Leasehold Conveyancing - Sample of Queries before buying

      Best to be warned if fixing the lift or some other significant cost is coming up to be shared between the leasehold owners and could well materially impact the level of the maintenance charges or require a specific invoice. Many Duxford leasehold apartments will have a service bill for the upkeep of the building set by the freeholder. Where you acquire the property you will have to pay this contribution, usually in instalments accross the year. This may be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a rentcharge to be met yearly, this is usually not a large figure, say about £25-£75 but you need to check it because on occasion it can be many hundreds of pounds. Are there any major works on the horizon that will likely add a premium to the service charges?

    Other Topics

    Lease Extensions in Duxford