Fixed-fee leasehold conveyancing in Ratcliff:

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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Ratcliff, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Ratcliff leasehold conveyancing Example Support Desk Enquiries

Having had my offer accepted I require leasehold conveyancing in Ratcliff. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Ratcliff - 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.

My husband and I may need to let out our Ratcliff ground floor flat for a while due to a new job. We used a Ratcliff conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Ratcliff conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I own a leasehold flat in Ratcliff. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Ratcliff who acted for me is not around.Do I pay?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the new freeholder. You do not need to instruct a Ratcliff conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agent office in Ratcliff where we have witnessed a number of flat sales put at risk as a result of short leases. I have been given inconsistent advice from local Ratcliff conveyancing firms. Please can you confirm whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

Can you provide any top tips for leasehold conveyancing in Ratcliff from the point of view of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Ratcliff can be avoided where you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers conveyancers.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Ratcliff leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such alterations. If you fail to have the paperwork to hand do not contact the landlord without contacting your solicitor in advance.
  • A minority of Ratcliff 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 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge 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 are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unresolved.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Organising a duplicate share certificate can be a time consuming formality and frustrates many a Ratcliff conveyancing transaction. If a duplicate share is required, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

    • I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Ratcliff conveyancing firm to act on my behalf?

    You certainly can. We can put you in touch with a Ratcliff conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Ratcliff premises is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case affected 3 flats. The unexpired lease term was 101.61 years.