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

Common questions relating to Frenchay Common leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Frenchay Common. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is registered - and most are in Frenchay Common - 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.

My fiance and I may need to sub-let our Frenchay Common ground floor flat temporarily due to a new job. We used a Frenchay Common conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Frenchay Common do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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 permission.

What are your top tips when it comes to choosing a Frenchay Common conveyancing practice to deal with our lease extension?

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

  • If the firm is not ALEP accredited then what is the reason?
  • What are the legal fees for lease extension work?

    • Can you provide any advice for leasehold conveyancing in Frenchay Common from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Frenchay Common can be bypassed if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Frenchay Common levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Frenchay Common.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge 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 details 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 Management Company, you should ensure that you are holding the original share certificate. Organising a replacement share certificate can be a lengthy process and delays many a Frenchay Common home move. If a new share is required, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • In relation to leasehold conveyancing in Frenchay Common what are the most frequent lease problems?

    Leasehold conveyancing in Frenchay Common is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Barnsley Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

    Frenchay Common Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

      How much is the annual service fee and ground rent? The best form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this situation the tenants benefit from control and although a managing agent is frequently employed if the building is larger than a house conversion, the managing agent retained by the leaseholders. Be sure to discover if there is anything that is prohibited in the lease. For example it is very common in Frenchay Common leases that pets are not allowed in in a block in Frenchay Common. If you like the apartmentin Frenchay Common yet your cat is not allowed to make the move with you then you have a very hard compromise.

    Other Topics

    Lease Extensions in Frenchay Common