Guaranteed fixed fees for Leasehold Conveyancing in Frampton Cotterell

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Frampton Cotterell, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Frampton Cotterell leasehold conveyancing

Helen (my wife) and I may need to let out our Frampton Cotterell garden flat temporarily due to a new job. We instructed a Frampton Cotterell conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Frampton Cotterell do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests 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 consent.

Looking forward to complete next month on a ground floor flat in Frampton Cotterell. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Frampton Cotterell should include some of the following:

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You must be told what counts as a Nuisance in the lease
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Frampton Cotterell please ask your lawyer in ahead of your conveyancing in Frampton Cotterell

    • Last month I purchased a leasehold flat in Frampton Cotterell. Am I liable to pay service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    I am employed by a busy estate agent office in Frampton Cotterell where we have witnessed a number of leasehold sales derailed due to short leases. I have been given inconsistent advice from local Frampton Cotterell conveyancing firms. Could you shed some light as to whether the owner of a flat can start 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

    An alternative approach is 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.

    Can you provide any advice for leasehold conveyancing in Frampton Cotterell with the intention of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Frampton Cotterell can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Frampton Cotterell state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. If you dont have the paperwork in place you should not contact the landlord without contacting your lawyer in advance.
  • Some Frampton Cotterell leases require Licence to Assign from the landlord. If this applies to your lease, 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 should make it clear that the buyer is financially capable of paying the annual 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 lawyers.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Organising a new share certificate is often a time consuming formality and frustrates many a Frampton Cotterell home move. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 75 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Frampton Cotterell Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

      Best to be warned whether window replacement or some other major work is due shortly that will be shared amongst the tenants and could well materially impact the level of the service fees or necessitate a one time payment. The answer will be helpful as a) areas can result in problems for the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to know about it Be sure to investigate if the the lease contains any onerous restrictions in the lease. For instance it is very common in Frampton Cotterell leases that pets are not permitted in in a block in Frampton Cotterell. If you like the propertyin Frampton Cotterell but your cat is not allowed to move with you then you will be presented with a hard choice.

    Other Topics

    Lease Extensions in Frampton Cotterell