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When it comes to leasehold conveyancing in Killay, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Clydesdale , Birmingham Midshires or Bradford & Bingley make sure you choose a lawyer on their panel. Feel free to use our search tool

Killay leasehold conveyancing Example Support Desk Enquiries

I am on look out for some leasehold conveyancing in Killay. Before I set the wheels in motion I want to be sure as to the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Killay - then the leasehold title will always include the short particulars 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.

Due to exchange soon on a basement flat in Killay. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • Setting out your legal entitlements in respect of the communal areas in the building.For instance, does the lease grant a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • Are you allowed to have a pet in the flat?
  • Changes to the flat (alterations and additions)
  • 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 premises and do you know what it means in practice?
  • 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 Killay please ask your lawyer in ahead of your conveyancing in Killay

    • I've found a house that appears to meet my requirements, at a great price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Killay. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Killay ?

    Most houses in Killay are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Killay in which case you should be shopping around for a Killay conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your conveyancer should appraise you on the various issues.

    I am employed by a long established estate agency in Killay where we have witnessed a number of flat sales derailed due to short leases. I have received inconsistent advice from local Killay conveyancing solicitors. Please can you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    Do you have any advice for leasehold conveyancing in Killay from the point of view of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Killay can be bypassed if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
    • The majority landlords or managing agents in Killay charge for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Killay.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Killay state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you dont have the paperwork in place you should not communicate with the landlord without contacting your conveyancer before hand.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share certificate. Arranging a replacement share certificate can be a lengthy formality and delays many a Killay conveyancing deal. Where a new share is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via 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 below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Killay Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

      Its a good idea to find out as much as possible about the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical issues such as the cleanliness of the common parts. Ask other people if they are happy with them. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money. On the whole the outlay for major works tend not to be included within service charges, although a few managing agents in Killay obliged leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Killay