Leasehold Conveyancing in Kirkby Lonsdale - Get a Quote from the leasehold experts approved by your lender

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

Questions and Answers: Kirkby Lonsdale leasehold conveyancing

I am hoping to exchange soon on a garden flat in Kirkby Lonsdale. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in relation to common areas in the block.By way of example, does the lease permit a right of way over an accessway or staircase?
  • 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
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises 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 For details of the information to be contained in your report on your leasehold property in Kirkby Lonsdale please ask your solicitor in advance of your conveyancing in Kirkby Lonsdale

    • Estate agents have just been given the go-ahead to market my garden apartment in Kirkby Lonsdale.Conveyancing has not commenced but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

    The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    I am a negotiator for a busy estate agency in Kirkby Lonsdale where we have witnessed a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Kirkby Lonsdale conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

    As long as 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 proposed purchaser 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 before, 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.

    Can you offer any advice when it comes to finding a Kirkby Lonsdale conveyancing firm to deal with our lease extension?

    When appointing a conveyancer for your lease extension (regardless if they are a Kirkby Lonsdale conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Kirkby Lonsdale conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

    • How familiar is the practice with lease extension legislation?
  • What are the charges for lease extension conveyancing?

    • All being well we will complete the sale of our £475000 apartment in Kirkby Lonsdale on Monday in a week. The freeholder has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Kirkby Lonsdale?

    Kirkby Lonsdale conveyancing on leasehold maisonettes often involves the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to do so. They may levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some cases it exceeds £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality you have little option but to pay whatever is requested of you should you wish to complete the sale of your home.

    Kirkby Lonsdale Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

      Are any of leasehold owners in dispute over their service charge payments? Are there any major works anticipated that could add a premium to the service fees? Does the lease include onerous restrictions?

    Other Topics

    Lease Extensions in Kirkby Lonsdale