Leasehold Conveyancing in Greenfield - Get a Quote from the leasehold experts approved by your lender

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Questions and Answers: Greenfield leasehold conveyancing

I am in need of some leasehold conveyancing in Greenfield. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Greenfield - 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.

I wish to rent out my leasehold apartment in Greenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Greenfield do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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 permission.

I only have 62 years left on my lease in Greenfield. I now want to extend my lease but my landlord is can not be found. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the freeholder. For most situations an enquiry agent would be helpful to carry out a search and to produce an expert document to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court covering Greenfield.

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Greenfield. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Greenfield ?

The majority of houses in Greenfield are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Greenfield in which case you should be looking for a Greenfield conveyancing practitioner and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer will advise you fully on all the issues.

Can you provide any advice for leasehold conveyancing in Greenfield from the perspective of expediting the sale process?

  • Much of the frustration in leasehold conveyancing in Greenfield can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
  • The majority freeholders or managing agents in Greenfield levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Greenfield.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Greenfield leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such works. If you fail to have the paperwork to hand do not contact the landlord without contacting your lawyer first.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Organising a new share certificate can be a time consuming process and delays many a Greenfield conveyancing deal. If a reissued share certificate is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your lawyers. A buyer’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. 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.

  • Greenfield Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      The answer will be useful as a) areas may cause problems in the block as the communal areas may begin to deteriorate where services remain unpaid b) if the tenants have an issue with the managing agents you will need to have full disclosure For most Greenfield leaseholds the outlay for major works tend not to be included within maintenance charges, albeit that there some managing agents in Greenfield require leaseholders to contribute towards a reserve fund and this is used to offset against major works. You should be aware if it is no more than 80 years it will impact the marketability of the apartment. It is worth checking with your bank that they are willing to lend given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would be required to have owned the property for a couple of years in order to be entitled to extend the lease.

    Other Topics

    Lease Extensions in Greenfield