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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Eccleshall, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Eccleshall leasehold conveyancing Example Support Desk Enquiries

I am on look out for some leasehold conveyancing in Eccleshall. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

If the lease is registered - and most are in Eccleshall - then the leasehold title will always include the basic details 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.

Harry (my fiance) and I may need to sub-let our Eccleshall 1st floor flat temporarily due to taking a sabbatical. We used a Eccleshall conveyancing firm in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Eccleshall do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I have recently realised that I have 68 years remaining on my flat in Eccleshall. I now wish to get lease extension but my freeholder is absent. What are my options?

If 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 mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you have done all that could be expected to track down the landlord. On the whole a specialist should be useful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court covering Eccleshall.

I am looking at a two apartments in Eccleshall both have in the region of fifty years remaining on the lease term. Will this present a problem?

There are plenty of short leases in Eccleshall. The lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the marketability of the lease deteriorate and it becomes more costly to extend the lease. This is why it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this area

Do you have any advice for leasehold conveyancing in Eccleshall with the aim of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Eccleshall can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information needed by the purchasers’ lawyers.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Eccleshall leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord acquiescing to such changes. If you fail to have the approvals in place you should not communicate with the landlord without contacting your conveyancer first.
  • A minority of Eccleshall 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 put in hand bank and professional references. Any bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Arranging a duplicate share certificate can be a time consuming process and delays many a Eccleshall conveyancing transaction. If a new share certificate is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • I invested in buying a 1st floor flat in Eccleshall, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Eccleshall with an extended lease are worth £205,000. The ground rent is £65 yearly. The lease ceases on 21st October 2087

    With just 61 years left to run the likely cost is going to be between £22,800 and £26,400 as well as plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Eccleshall