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When it comes to leasehold conveyancing in Downham, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or Bradford & Bingley make sure you choose a lawyer on their approved list. Feel free to use our search tool

Examples of recent questions relating to leasehold conveyancing in Downham

I am in need of some leasehold conveyancing in Downham. Before diving in I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and almost all are in Downham - then the leasehold title will always include the short particulars 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.

Having checked my lease I have discovered that there are only 62 years remaining on my lease in Downham. I now wish to get lease extension but my freeholder is missing. What options are available to me?

If 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 mean that your lease can be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to locate the lessor. In some cases a specialist may be helpful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Downham.

Expecting to sign contracts shortly on a ground floor flat in Downham. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • The length of the 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
  • 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
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Downham please ask your lawyer in ahead of your conveyancing in Downham

    • Can you offer any advice when it comes to finding a Downham conveyancing practice to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Downham conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Downham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Downham who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Downham with the aim of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Downham can be bypassed where you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Downham leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals to hand do not contact the landlord without contacting your solicitor before hand.
  • Some Downham leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • 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 put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a lengthy process and slows down many a Downham home move. Where a reissued share certificate is needed, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Downham conveyancing firm to represent me?

    Most definitely. We can put you in touch with a Downham conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Downham residence is Ravensbourne Lodge 4 Highland Road in February 2013. the Tribunal held that the amount payable for the freehold was £22,268

    Other Topics

    Lease Extensions in Downham