Frequently asked questions relating to Killamarsh leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Killamarsh. Before diving in I would like to find out the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Killamarsh - 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 want to let out my leasehold apartment in Killamarsh. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Notwithstanding that your last Killamarsh conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission via your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining consent. The consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
Expecting to exchange soon on a garden flat in Killamarsh. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Killamarsh should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
- The total extent of the property. This will be the apartment itself but may incorporate a roof space or cellar if appropriate.
- Ground rent - how much and when you need to pay, and also know whether this will change in the future
- 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
- 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?
I am looking at a couple of maisonettes in Killamarsh both have about forty five years left on the lease term. should I be concerned?
There is no doubt about it. A leasehold flat in Killamarsh is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. The majority of purchasers and lenders, leases with under 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Killamarsh conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Can you provide any advice for leasehold conveyancing in Killamarsh from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Killamarsh can be bypassed if you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information which will be required by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Killamarsh state that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such alterations. Where you fail to have the approvals in place do not contact the landlord without checking with your solicitor before hand.
- Some Killamarsh leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are 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 hold a share in a the Management Company, you should make sure that you have the original share document. Organising a duplicate share certificate can be a lengthy formality and slows down many a Killamarsh home move. Where a duplicate share certificate is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
- You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.
I purchased a split level flat in Killamarsh, conveyancing was carried out 2006. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar properties in Killamarsh with an extended lease are worth £178,000. The average or mid-range amount of ground rent is £60 charged once a year. The lease ceases on 21st October 2076
With 50 years unexpired we estimate the price of your lease extension to range between £36,100 and £41,800 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more comprehensive due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.