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Kidlington leasehold conveyancing: Q and A’s

Looking forward to complete next month on a basement flat in Kidlington. Conveyancing lawyers inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • The physical extent of the demise. This will be the apartment itself but might include a roof space or basement if appropriate.
  • Setting out your legal entitlements in relation to common areas in the block.For example, does the lease provide for a right of way over a path or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • You must be told what constitutes a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Kidlington please ask your lawyer in ahead of your conveyancing in Kidlington

  • I own a leasehold house in Kidlington. Conveyancing and Alliance & Leicester mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Kidlington who acted for me is not around.Any advice?

    First make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Kidlington conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I am attracted to a two flats in Kidlington which have in the region of 50 years remaining on the leases. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Kidlington. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the value of the lease deteriorate and results in it becoming more expensive to extend the lease. This is why it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this arena

    What advice can you give us when it comes to appointing a Kidlington conveyancing firm to deal with our lease extension?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Kidlington conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Kidlington conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

    • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions has the firm carried out in Kidlington in the last year?

  • Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £250000 maisonette in Kidlington on Wednesday in a week. The management company has quoted £300 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Kidlington?

    For the majority of leasehold sales in Kidlington conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Addressing conveyancing due diligence enquiries
    • Where consent is required before sale in Kidlington
    • Copies of the building insurance and schedule
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Kidlington leasehold premises is £350. For Kidlington conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

    I inherited a split level flat in Kidlington, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Kidlington with an extended lease are worth £200,000. The average or mid-range amount of ground rent is £65 levied per year. The lease terminates on 21st October 2086

    With just 60 years remaining on your lease the likely cost is going to be between £22,800 and £26,400 plus legals.

    The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Kidlington