Fixed-fee leasehold conveyancing in Hale Barns:

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Hale Barns, 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 Hale Barns leasehold conveyancing

I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Hale Barns. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

The majority of houses in Hale Barns are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Hale Barns in which case you should be shopping around for a Hale Barns conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. 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’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your solicitor should advise you fully on all the issues.

What are your top tips when it comes to choosing a Hale Barns conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Hale Barns conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Hale Barns conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • How many lease extensions has the firm carried out in Hale Barns in the last 12 months?
  • What are the legal fees for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Hale Barns with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Hale Barns can be bypassed if you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Hale Barns levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Hale Barns.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Hale Barns state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you fail to have the consents in place do not communicate with the landlord without contacting your solicitor in advance.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. 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 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 better to reveal the dispute as over as opposed to 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 duplicate share certificate can be a time consuming formality and frustrates many a Hale Barns conveyancing deal. If a duplicate share certificate is necessary, do contact the company officers or managing agents (where relevant) for this as soon as possible.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £300000 maisonette in Hale Barns next Thursday . The freeholder has quoted £420 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Hale Barns?

    Hale Barns conveyancing on leasehold maisonettes normally necessitates the purchaser’s conveyancer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be willing to do so. They are entitled invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The management information fee required by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Are there common problems that you come across in leases for Hale Barns properties?

    There is nothing unique about leasehold conveyancing in Hale Barns. All leases is drafted differently and drafting errors can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • Insurance obligations
    • 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 can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Bank of Scotland, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Leasehold Conveyancing in Hale Barns - A selection of Questions you should consider Prior to buying

      The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this scenario the leaseholders have being in charge if their destiny and although a managing agent is frequently employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. How is the lease structured? It is important to be aware if redecorating or some other significant cost is coming up that will be shared by the leasehold owners and will materially impact the level of the service costs or necessitate a specific invoice.

    Other Topics

    Lease Extensions in Hale Barns