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When it comes to leasehold conveyancing in Ferndown, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Halifax, RBS or NatWest make sure you choose a lawyer on their panel. Find a Ferndown conveyancing lawyer with our search tool

Ferndown leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Ferndown. Before I set the wheels in motion I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and most are in Ferndown - 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.

I would like to sublet my leasehold apartment in Ferndown. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Ferndown conveyancing solicitor is no longer available you can check your lease to check if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Estate agents have just been given the go-ahead to market my 2 bed flat in Ferndown.Conveyancing is yet to be initiated but I have just received a half-yearly service charge invoice – Do I pay up?

The sensible thing to do is clear 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 managing agents 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.

I am employed by a reputable estate agency in Ferndown where we see a number of flat sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Ferndown conveyancing firms. Can you confirm whether the vendor of a flat can start the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 purchaser.

Can you provide any top tips for leasehold conveyancing in Ferndown from the perspective of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Ferndown can be bypassed if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the buyers solicitors.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Ferndown leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the consents in place do not contact the landlord without contacting your solicitor before hand.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Obtaining a new share certificate can be a time consuming process and delays many a Ferndown conveyancing deal. If a new share certificate is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is below 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Ferndown Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

      Its a good idea to discover as much as possible concerning the company managing the building as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to practical issues like the cleanliness of the communal areas. Don't be shy to ask other tenants what they think of them. Finally, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. Are any of leasehold owners in arrears of their service charge liability? It would be prudent to enquire if there is anything that is prohibited in the lease. For example it is reasonably common in Ferndown leases that pets are not permitted in certain buildings in Ferndown. If you love the apartmentin Ferndown yet your dog can’t live with you then you will be presented with a hard compromise.

    Other Topics

    Lease Extensions in Ferndown