Guaranteed fixed fees for Leasehold Conveyancing in Matlock

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When it comes to leasehold conveyancing in Matlock, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or NatWest make sure you find a lawyer on their panel. Feel free to use our search tool

Questions and Answers: Matlock leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Matlock. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Matlock - 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.

My partner and I may need to let out our Matlock ground floor flat temporarily due to a career opportunity. We used a Matlock conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

The lease governs the relationship between the landlord and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Matlock do not contain subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

My wife and I purchased a leasehold flat in Matlock. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Matlock who acted for me is not around.Do I pay?

First make enquiries of HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Matlock conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a busy estate agency in Matlock where we have experienced a few leasehold sales jeopardised due to short leases. I have been given contradictory information from local Matlock conveyancing firms. Could you clarify whether the seller of a flat can start the lease extension formalities for the buyer?

Provided that the seller has been the owner 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. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

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 advice for leasehold conveyancing in Matlock from the point of view of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Matlock can be avoided where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Matlock state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you dont have the approvals in place you should not contact the landlord without checking with your lawyer in advance.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share document. Obtaining a replacement share certificate is often a time consuming formality and delays many a Matlock home move. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your lawyers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Matlock - Examples of Queries Prior to buying

      How much is the ground rent and service charge? Its a good idea to find out as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the cleanliness of the common parts. Enquire of prospective neighbours if they are happy with them. Finally, investigate as to the dates that the service charges are due to the appropriate party and precisely what you get for your money. Most Matlock leasehold flats will be liable to pay a service bill for maintenance of the building levied by the management company. If you acquire the apartment you will have to pay this charge, usually periodically throughout the year. This may be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant figure, say around £50-£100 but you need to enquire it because on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Matlock