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

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Leasehold conveyancing in Brimsdown is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Brimsdown and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Sample questions relating to Brimsdown leasehold conveyancing

Helen (my wife) and I may need to sub-let our Brimsdown basement flat for a while due to taking a sabbatical. We used a Brimsdown conveyancing firm in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Brimsdown do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience suggests 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 permission.

Looking forward to complete next month on a ground floor flat in Brimsdown. Conveyancing solicitors assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • The total extent of the property. This will be the flat itself but might incorporate a loft or basement if applicable.
  • Setting out your rights in respect of the communal areas in the block.E.G., does the lease provide for a right of way over a path or hallways?
  • Does the lease prevent you from letting out the flat, or working from home
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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.
  • 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
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Brimsdown please enquire of your lawyer in advance of your conveyancing in Brimsdown

    • I have just started marketing my garden flat in Brimsdown.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge invoice – what should I do?

    Your conveyancing lawyer is likely to suggest that you should 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I've recently bought a leasehold flat in Brimsdown. Am I liable to pay service charges for periods before completion of my purchase?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Do you have any top tips for leasehold conveyancing in Brimsdown with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Brimsdown can be reduced where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Brimsdown leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such works. If you fail to have the approvals in place you should not communicate with the landlord without checking with your conveyancer first.
  • Some Brimsdown leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 solicitors.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate can be a lengthy formality and delays many a Brimsdown conveyancing transaction. Where a new share is required, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check via your lawyers. A buyer’s lawyer 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. It is therefore 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 premises on the market for sale.

    • After years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Brimsdown. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    if there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the LVT to judgment on the sum to be paid.

    An example of a Vesting Order and Purchase of freehold case for a Brimsdown premises is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case was in relation to 2 flats. The remaining number of years on the lease was 80.01 years.