Fixed-fee leasehold conveyancing in Kingstanding:

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While any conveyancing practice can theoretically handle your leasehold conveyancing in Kingstanding, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Kingstanding leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Kingstanding. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and most are in Kingstanding - 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've found a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Kingstanding. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

Most houses in Kingstanding are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Kingstanding in which case you should be shopping around for a Kingstanding conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will appraise you on the various issues.

I work for a reputable estate agency in Kingstanding where we see a few flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Kingstanding conveyancing firms. Can you clarify whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having 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 simultaneously with 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.

What advice can you give us when it comes to appointing a Kingstanding conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Kingstanding conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Kingstanding conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • How many lease extensions have they carried out in Kingstanding in the last 12 months?
  • What are the charges for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Kingstanding with the aim of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Kingstanding can be bypassed if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers representatives.
    • The majority landlords or Management Companies in Kingstanding levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Kingstanding.
  • 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 Kingstanding state that internal structural changes or installing wooden flooring calls for a licence from the Landlord consenting to such works. Where you fail to have the paperwork in place you should not communicate with the landlord without checking with your solicitor first.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
  • You may think that you are aware of the number of years left on your lease but you should verify this by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Kingstanding - Sample of Queries before Purchasing

      It would be a good idea to enquire if there are any onerous restrictions in the lease. For instance it is fairly common in Kingstanding leases that pets are not permitted in in a block in Kingstanding. If you like the apartmentin Kingstanding yet your dog is not allowed to make the move with you then you will be presented with a hard compromise. Is there a share of the freehold? How many years remain on the lease?

    Other Topics

    Lease Extensions in Kingstanding