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Leasehold conveyancing in Hawkshead is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Hawkshead and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Top Five Questions relating to Hawkshead leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Hawkshead. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Hawkshead - 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.

Jane (my partner) and I may need to sub-let our Hawkshead 1st floor flat for a while due to taking a sabbatical. We used a Hawkshead conveyancing firm in 2001 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Hawkshead do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review 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 Sixty One years left on my flat in Hawkshead. I need to get lease extension but my landlord is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to locate the lessor. On the whole a specialist may be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Hawkshead.

My wife and I purchased a leasehold flat in Hawkshead. Conveyancing and Aldermore mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Hawkshead who previously acted has now retired.Any advice?

The first thing you should do is contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Hawkshead conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any advice for leasehold conveyancing in Hawkshead from the point of view of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Hawkshead can be avoided where you instruct lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
  • Many freeholders or Management Companies in Hawkshead levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Hawkshead.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Hawkshead leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such changes. If you dont have the paperwork to hand do not communicate with the landlord without contacting your conveyancer in the first instance.
  • Some Hawkshead leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a duplicate share certificate is often a time consuming formality and slows down many a Hawkshead conveyancing deal. If a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • Hawkshead Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

      How much is the service charge and ground rent on the flat? You will want to discover as much as you can concerning the company managing the block as they can either make your life much easier or much more difficult. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to daily issues like the upkeep of the communal areas. You should not be afraid to ask other people what they think of them. On a final note, find out the dates that you are obliged pay the service charge to the appropriate party and precisely how they are spending that money. The answer will be helpful as a) areas could result in problems for the building as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leaseholders have a dispute with the running of the building you will want to have full disclosure

    Other Topics

    Lease Extensions in Hawkshead