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Recently asked questions relating to Frampton on Severn leasehold conveyancing

I am in need of some leasehold conveyancing in Frampton on Severn. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Frampton on Severn - 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.

My partner and I may need to sub-let our Frampton on Severn 1st floor flat temporarily due to taking a sabbatical. We instructed a Frampton on Severn conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Frampton on Severn conveyancing lawyer is no longer around you can review your lease to see if it allows you to sublet the apartment. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of first obtaining permission. The consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Looking forward to exchange soon on a ground floor flat in Frampton on Severn. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The total extent of the demise. This will be the flat itself but may include a roof space or cellar if applicable.
  • Setting out your legal entitlements in relation to common areas in the block.By way of example, does the lease permit a right of way over an accessway or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • You should have a good understanding of the insurance provisions
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Frampton on Severn please enquire of your lawyer in advance of your conveyancing in Frampton on Severn

    • Do you have any top tips for leasehold conveyancing in Frampton on Severn from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Frampton on Severn can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
    • Some Frampton on Severn leases require Landlord’s consent to the sale and approval of the buyers. 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. The bank reference will need to confirm that the buyers are 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 solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as over as opposed to ongoing.
  • If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a new share certificate can be a lengthy process and delays many a Frampton on Severn home move. If a new share certificate is needed, do contact the company officers or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years left on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is below 75 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • What are the frequently found problems that you see in leases for Frampton on Severn properties?

    Leasehold conveyancing in Frampton on Severn is not unique. Most leases are individual and drafting errors can result in certain provisions are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Chelsea Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.

    Frampton on Severn Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      What is the yearly maintenance fee and ground rent? Many Frampton on Severn leasehold flats will have a service charge for the upkeep of the building set by the management company. Where you buy the flat you will have to pay this charge, normally in instalments throughout the year. This can differ from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met yearly, this is usually not a large figure, say about £25-£75 but you should to check as on occasion it could be many hundreds of pounds. If a Frampton on Severn lease has no more than eighty years it will impact the value of the apartment. Check with your bank that they are happy with residual term of the lease. A short lease means that you will probably require a lease extension at some point and you need to have some idea of what this will be. Remember, in most cases you will be required to have owned the premises for 24 months before you are entitled to exercise a lease extension.

    Other Topics

    Lease Extensions in Frampton on Severn