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Common questions relating to Frampton Cotterell leasehold conveyancing

There are only 72 years unexpired on my lease in Frampton Cotterell. I need to extend my lease but my landlord is missing. What should I do?

On the basis that you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the lessor. For most situations an enquiry agent would be helpful to conduct investigations and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Frampton Cotterell.

I’m about to sell my garden flat in Frampton Cotterell.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay 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.

I today plan to offer on a house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Frampton Cotterell. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

Most houses in Frampton Cotterell are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Frampton Cotterell so you should seriously consider shopping around for a Frampton Cotterell conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should report to you on the legal implications.

My wife and I purchased a leasehold house in Frampton Cotterell. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Frampton Cotterell who previously acted has now retired.Do I pay?

First contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Frampton Cotterell conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any advice for leasehold conveyancing in Frampton Cotterell from the perspective of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Frampton Cotterell can be avoided if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
  • The majority landlords or managing agents in Frampton Cotterell levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Frampton Cotterell.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Frampton Cotterell leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor before hand.
  • Some Frampton Cotterell leases require Licence to Assign from the landlord. If this is the case, 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 financially capable of paying 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 purchasers or their solicitors.
  • If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share certificate. Arranging a new share certificate is often a time consuming process and slows down many a Frampton Cotterell home move. If a duplicate share is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

  • Frampton Cotterell Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

      Who are the managing agents? It would be wise to find out as much as you can concerning the company managing the block as they can either make your living at the property much simpler or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to practical matters such as the cleanliness of the common parts. Enquire of prospective neighbours what they think of their management. On a final note, be sure you discover the dates that you are obliged pay the service charge to the managing agents and specifically what it includes. Please note if it is no more than eighty years it will affect the value of the flat. It is worth checking with your mortgage company that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease at some point and it is worth discovering how much this would cost. Remember, in most cases you would be required to have been the owner of the premises for 24 months in order to be entitled to extend the lease.

    Other Topics

    Lease Extensions in Frampton Cotterell