Fixed-fee leasehold conveyancing in Holywell:

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When it comes to leasehold conveyancing in Holywell, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Halifax, RBS or Bradford & Bingley be sure to choose a lawyer on their approved list. Find a Holywell conveyancing lawyer with our search tool

Frequently asked questions relating to Holywell leasehold conveyancing

I am in need of some leasehold conveyancing in Holywell. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Holywell - 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 am intending to let out my leasehold flat in Holywell. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Holywell conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent from your landlord or some other party before subletting. This means that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Planning to sign contracts shortly on a basement flat in Holywell. Conveyancing lawyers inform me that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Holywell should include some of the following:

  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You must be told what counts as a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Holywell please ask your conveyancer in advance of your conveyancing in Holywell

    • I've recently bought a leasehold property in Holywell. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

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

    • Much of the delay in leasehold conveyancing in Holywell can be avoided where you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers conveyancers.
    • The majority landlords or managing agents in Holywell levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Holywell.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Holywell state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. If you fail to have the paperwork in place do not contact the landlord without contacting your conveyancer before hand.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or settle 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 particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Organising a re-issued share certificate is often a time consuming formality and frustrates many a Holywell conveyancing deal. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

    • Holywell Leasehold Conveyancing - Sample of Queries before Purchasing

      The best form of lease arrangement is a share of the freehold. In this arrangement the leaseholders benefit from control and even though a managing agent is often employed if the building is larger than a house conversion, the managing agent retained by the leaseholders. Where a Holywell lease has fewer than eighty years it will affect the marketability of the flat. Check with your lender that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth discovering what this would cost. Remember, in most cases you would be be obliged to have owned the property for a couple of years before you are eligible to exercise a lease extension. Best to be warned if changing the roof or some other major work is due shortly to be shared between the leasehold owners and will materially impact the level of the maintenance fees or necessitate a specific invoice.

    Other Topics

    Lease Extensions in Holywell