Having had my offer accepted I require leasehold conveyancing in Exmouth. Before diving in I would like to find out the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Exmouth - 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.

Having checked my lease I have discovered that there are only 62 years left on my lease in Exmouth. I now want to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the landlord. On the whole a specialist may be helpful to carry out a search and to produce a report to be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court covering Exmouth.

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Exmouth conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Exmouth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?

What are the charges for lease extension work?

Can you provide any top tips for leasehold conveyancing in Exmouth with the purpose of expediting the sale process?

• Much of the delay in leasehold conveyancing in Exmouth can be reduced if you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example installed wooden flooring? Exmouth leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such works. Should you dont have the approvals to hand do not communicate with the landlord without checking with your lawyer before hand.

A minority of Exmouth leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The 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 solicitors.

If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a duplicate share certificate is often a time consuming process and delays many a Exmouth home move. Where a reissued share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

You may think that you are aware of the number of years remaining on your lease but you should verify this by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on the disposal of our £200000 apartment in Exmouth in seven days. The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Exmouth?

For most leasehold sales in Exmouth conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Exmouth
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Exmouth leasehold property is £350. For Exmouth conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

Leasehold Conveyancing in Exmouth - Examples of Queries before buying

Does this lease have in excess of 85 years remaining? It is important to be aware if redecorating or some other major work is pending to be shared by the leaseholders and may well dramatically increase the the maintenance costs or necessitate a one time payment. Where a Exmouth lease has fewer than 80 years it will affect the salability of the property. Check with your bank that they are willing to lend given the lease term. A short lease means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you will need to own the property for two years before you are legally able to extend the lease.

Other Topics

Lease Extensions in Exmouth