Guaranteed fixed fees for Leasehold Conveyancing in Colyers

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

Top Five Questions relating to Colyers leasehold conveyancing

I have recently realised that I have Fifty years unexpired on my lease in Colyers. I am keen to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 Court. However, you will be required to demonstrate that you have used your best endeavours to locate the landlord. On the whole a specialist may be helpful to conduct investigations and prepare an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Colyers.

Looking forward to sign contracts shortly on a ground floor flat in Colyers. Conveyancing solicitors inform me that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Colyers should include some of the following:

  • 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
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Colyers please ask your lawyer in advance of your conveyancing in Colyers

  • I've recently bought a leasehold house in Colyers. Am I liable to pay service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    What are your top tips when it comes to finding a Colyers conveyancing practice to deal with our lease extension?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Colyers conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Colyers conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • Can they put you in touch with client in Colyers who can give a testimonial?
  • What are the costs for lease extension conveyancing?

  • Can you provide any top tips for leasehold conveyancing in Colyers from the point of view of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Colyers can be bypassed where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the buyers lawyers.
    • The majority landlords or managing agents in Colyers charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for 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 cause of frustration in leasehold conveyancing in Colyers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Colyers state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such changes. Where you fail to have the paperwork in place you should not contact the landlord without checking with your conveyancer first.
  • Some Colyers 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 financial (bank) and professional references. The 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 have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Arranging a duplicate share certificate is often a time consuming process and delays many a Colyers home move. If a new share certificate is needed, do contact the company officers or managing agents (where relevant) for this as soon as possible.

  • After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Colyers. Can we issue an application to the Residential Property Tribunal Service?

    Most certainly. We can put you in touch with a Colyers conveyancing firm who can help.

    An example of a Lease Extension case for a Colyers property is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The unexpired term was 76 years.