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

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While any conveyancing practice can theoretically handle your leasehold conveyancing in Haddenham, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Haddenham leasehold conveyancing Example Support Desk Enquiries

Harry (my fiance) and I may need to rent out our Haddenham basement flat for a while due to a career opportunity. We used a Haddenham conveyancing firm in 2003 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Haddenham 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 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 consent.

I am hoping to complete next month on a ground floor flat in Haddenham. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Haddenham should include some of the following:

  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the property, or working from home
  • You need to be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Haddenham please ask your lawyer in ahead of your conveyancing in Haddenham

    • I am a negotiator for a reputable estate agent office in Haddenham where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Haddenham conveyancing solicitors. Can you shed some light as to whether the seller of a flat can instigate the lease extension process 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 can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

    Alternatively, it may be possible 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 purchaser.

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

    • Much of the frustration in leasehold conveyancing in Haddenham can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
    • Many freeholders or managing agents in Haddenham charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Haddenham.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Haddenham state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Where you fail to have the consents to hand do not contact the landlord without checking with your conveyancer in advance.
  • A minority of Haddenham 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 financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 buyers or their solicitors.
  • You believe that you know the number of years left on your lease but you should double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. In the circumstances it is important at an as soon as possible 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.

    • What makes a Haddenham lease problematic?

    There is nothing unique about leasehold conveyancing in Haddenham. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • 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. Santander, Skipton Building Society, and Aldermore all have very detailed requirements 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, forcing the buyer to withdraw.

    Haddenham Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

      It would be prudent to enquire if there are any onerous restrictions in the lease. For instance it is fairly common in Haddenham leases that pets are not allowed in certain buildings in Haddenham. If you like the apartmentin Haddenham but your dog can’t make the move with you then you will be faced hard determination. You will want to discover as much as you can regarding the managing agents as they will either make life much simpler or uncomfortable. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters like the upkeep of the common parts. Ask prospective neighbours whether they are happy with them. On a final note, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. How long is the Lease?

    Other Topics

    Lease Extensions in Haddenham