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

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Downham leasehold conveyancing Example Support Desk Enquiries

I am on look out for some leasehold conveyancing in Downham. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and most 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.

I am a negotiator for a long established estate agency in Downham where we have witnessed a number of leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Downham conveyancing firms. Could you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 buyer.

What advice can you give us when it comes to choosing a Downham conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Downham conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Downham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

  • 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 top tips for leasehold conveyancing in Downham from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Downham can be reduced if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers representatives.
    • Many landlords or managing agents in Downham charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Downham.
  • A minority of Downham leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and 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 prior to 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 better to present the dispute as over rather than unsettled.
  • If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Obtaining a replacement share certificate can be a lengthy formality and delays many a Downham conveyancing deal. If a new share is required, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

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

    in cases where there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the LVT to make a decision on the amount due.

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

    When it comes to leasehold conveyancing in Downham what are the most frequent lease problems?

    Leasehold conveyancing in Downham is not unique. All leases is drafted differently 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:

    • Repairing obligations to or maintain parts of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Bank of Scotland, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Other Topics

    Lease Extensions in Downham