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Recently asked questions relating to Liss leasehold conveyancing

I am on look out for some leasehold conveyancing in Liss. Before diving in I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and most are in Liss - 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.

Jane (my partner) and I may need to let out our Liss 1st floor flat for a while due to a career opportunity. We used a Liss conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Liss do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Do you have any advice for leasehold conveyancing in Liss from the perspective of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Liss can be avoided where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
  • The majority freeholders or managing agents in Liss levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Liss.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Liss state that internal structural changes or laying down wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the consents in place you should not contact the landlord without contacting your lawyer in the first instance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and 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 prior to 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 historic as opposed to unresolved.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Organising a duplicate share certificate can be a lengthy process and frustrates many a Liss home move. If a reissued share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £475000 maisonette in Liss in just under a week. The managing agents has quoted £396 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Liss?

    Liss conveyancing on leasehold flats often requires the purchaser’s lawyer submitting enquiries for the landlord to address. Although the landlord is not legally bound to answer these enquiries most will be willing to assist. They are entitled charge a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration fees, otherwise the invoice is not strictly payable. In reality you have little option but to pay whatever is demanded if you want to sell the property.

    Are there common deficiencies that you encounter in leases for Liss properties?

    There is nothing unique about leasehold conveyancing in Liss. Most leases are unique and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Bank of Scotland, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

    Liss Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

      What prohibitions are there in the Liss Lease? You should be aware that where the lease has less than 80 years it will affect the value of the apartment. Check with your bank that they are happy with remaining years on the lease. A short lease means that you will almost definitely need a lease extension at some point and it is worth discovering how much this will be. For most Lisslease extensions you would need to own the residence for 24 months before you are eligible to exercise a lease extension. How many years remain on the lease?

    Other Topics

    Lease Extensions in Liss