Frequently asked questions relating to Egremont leasehold conveyancing
I want to let out my leasehold apartment in Egremont. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Your lease governs relations between the freeholder and you the leaseholder; in particular, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Egremont do not contain subletting altogether – such a provision would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
I am attracted to a two apartments in Egremont both have in the region of 50 years left on the leases. Will this present a problem?
There are plenty of short leases in Egremont. The lease is a right to use the premises for a period of time. As the lease gets shorter the value of the lease decreases and it becomes more expensive to extend the lease. This is why it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this arena
I am employed by a reputable estate agent office in Egremont where we see a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Egremont conveyancing solicitors. Could you confirm whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
What advice can you give us when it comes to finding a Egremont conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Egremont conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Egremont conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- Can they put you in touch with client in Egremont who can give a testimonial?
Do you have any top tips for leasehold conveyancing in Egremont from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Egremont can be bypassed if you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation needed by the buyers conveyancers.
- Many freeholders or Management Companies in Egremont levy fees for supplying 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 obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Egremont.
I invested in buying a garden flat in Egremont, conveyancing was carried out in 1996. Can you work out an approximate cost of a lease extension? Similar properties in Egremont with over 90 years remaining are worth £215,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease ends on 21st October 2085
With 60 years left to run we estimate the premium for your lease extension to span between £19,000 and £22,000 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.
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