I am in need of some leasehold conveyancing in Grange Over Sands. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Grange Over Sands - 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.

I am intending to let out my leasehold flat in Grange Over Sands. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your last Grange Over Sands conveyancing solicitor is no longer available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I am a negotiator for a long established estate agency in Grange Over Sands where we have witnessed a few flat sales jeopardised due to leases having less than 80 years remaining. I have received contradictory information from local Grange Over Sands conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means 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 prior to, or simultaneously with 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 offer any advice when it comes to choosing a Grange Over Sands conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Grange Over Sands conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Grange Over Sands conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• How experienced is the firm with lease extension legislation?
• How many lease extensions have they carried out in Grange Over Sands in the last twenty four months?

Do you have any top tips for leasehold conveyancing in Grange Over Sands from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Grange Over Sands can be bypassed where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers representatives.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Grange Over Sands leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Should you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor before hand.
• Some Grange Over Sands leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (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 have had any disputes 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 concerned about purchasing a flat where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
• If you hold a share in a the freehold, you should ensure that you have the original share document. Arranging a new share certificate is often a lengthy formality and slows down many a Grange Over Sands conveyancing transaction. Where a reissued share is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

Grange Over Sands Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

For most Grange Over Sands leaseholds the cost for major works are not included within service charges, albeit that a few managing agents in Grange Over Sands obliged leaseholders to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance.