Fixed-fee leasehold conveyancing in Lanchester:

While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Lanchester, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Lanchester leasehold conveyancing

I would like to sublet my leasehold apartment in Lanchester. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Lanchester conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I have recently realised that I have 72 years unexpired on my flat in Lanchester. I now wish to extend my lease but my landlord is can not be found. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Lanchester.

I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Lanchester. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Lanchester ?

The majority of houses in Lanchester are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Lanchester so you should seriously consider looking for a Lanchester conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.

I work for a reputable estate agent office in Lanchester where we have witnessed a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Lanchester conveyancing firms. Could you clarify whether the owner of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

An alternative approach is 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 purchaser.

Can you provide any advice for leasehold conveyancing in Lanchester from the perspective of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Lanchester can be reduced where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
  • Many landlords or Management Companies in Lanchester charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Lanchester.
  • Some Lanchester leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain 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 purchasers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or settle 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 buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a time consuming process and slows down many a Lanchester home move. Where a new share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

  • Lanchester Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

      Best to be warned if redecorating or some other significant cost is due in the foreseeable future that will be shared amongst the leaseholders and could well dramatically impact the level of the maintenance fees or result in a one off invoice. How many years are left on the lease? Is the freehold reversion owned jointly by the tenants?

    Other Topics

    Lease Extensions in Lanchester