Experts for Leasehold Conveyancing in Lynton

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Leasehold conveyancing in Lynton 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 Lynton and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Top Five Questions relating to Lynton leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Lynton. Before I get started I want to be sure as to the remaining lease term.

If the lease is registered - and 99.9% are in Lynton - 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.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Lynton. I now want to extend my lease but my freeholder is can not be found. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to locate the lessor. For most situations a specialist would be helpful to conduct investigations and prepare a report which can be used as proof 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 application to the County Court covering Lynton.

I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Lynton. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Lynton ?

Most houses in Lynton are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Lynton in which case you should be looking for a Lynton conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will advise you fully on all the issues.

My wife and I purchased a leasehold flat in Lynton. Conveyancing and National Westminster Bank mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Lynton who previously acted has now retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Lynton conveyancing firm to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Do you have any top tips for leasehold conveyancing in Lynton from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Lynton can be bypassed if you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the purchasers’ representatives.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Lynton leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you dont have the approvals to hand you should not contact the landlord without checking with your lawyer before hand.
  • Some Lynton leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You may have to bite the bullet and pay 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 purchasers, but it is clearly preferable to reveal the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Arranging a duplicate share certificate can be a lengthy process and frustrates many a Lynton conveyancing deal. If a new share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • Lynton Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      How long is the Lease? Make sure you find out if there is anything that is prohibited in the lease. For example it is reasonably common in Lynton leases that pets are not permitted in in a block in Lynton. If you like the propertyin Lynton however your dog can’t live with you then you will be presented with a difficult compromise. If a Lynton lease has less than 80 years it will have adverse implications on the marketability of the apartment. It is worth checking with your lender that they are willing to lend given the lease term. A short lease means that you will probably need a lease extension at some point and you need to have some idea of what this would cost. For most Lyntonlease extensions you would be required to have owned the residence for a couple of years before you are entitled to carry out a lease extension.

    Other Topics

    Lease Extensions in Lynton