Guaranteed fixed fees for Leasehold Conveyancing in Melton Mowbray

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

Examples of recent questions relating to leasehold conveyancing in Melton Mowbray

My partner and I may need to sub-let our Melton Mowbray ground floor flat for a while due to a new job. We instructed a Melton Mowbray conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Melton Mowbray do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I work for a long established estate agency in Melton Mowbray where we have witnessed a number of flat sales derailed due to short leases. I have received inconsistent advice from local Melton Mowbray conveyancing firms. Please can you clarify whether the vendor of a flat can start the lease extension formalities 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having 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 before, or at the same time as 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 purchaser.

What advice can you give us when it comes to appointing a Melton Mowbray conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Melton Mowbray conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Melton Mowbray conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

  • If they are not ALEP accredited then why not?
  • What volume of lease extensions has the firm carried out in Melton Mowbray in the last year?

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

    • Much of the delay in leasehold conveyancing in Melton Mowbray can be avoided if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the buyers representatives.
    • Many landlords or Management Companies in Melton Mowbray charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Melton Mowbray.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Melton Mowbray leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you fail to have the consents to hand you should not contact the landlord without checking with your lawyer before hand.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Arranging a duplicate share certificate can be a lengthy process and delays many a Melton Mowbray conveyancing transaction. Where a duplicate share is needed, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • When it comes to leasehold conveyancing in Melton Mowbray what are the most common lease defects?

    There is nothing unique about leasehold conveyancing in Melton Mowbray. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair 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 will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Leeds Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.

    Leasehold Conveyancing in Melton Mowbray - Sample of Queries before Purchasing

      Plenty Melton Mowbray leasehold apartments will have a service charge for maintenance of the block invoiced on behalf of the freeholder. Should you buy the flat you will have to meet this liability, usually in instalments accross the year. This could differ from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met yearly, this is usually not a exorbitant figure, say approximately £25-£75 but you need to check as on occasion it could be many hundreds of pounds. If a Melton Mowbray lease has no more than eighty years it will affect the salability of the flat. Check with your lender that they are content with remaining years on the lease. A short lease means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of what this will be. For most Melton Mowbraylease extensions you would be be obliged to have owned the premises for a couple of years in order to be eligible to extend the lease. Who takes charge for maintaining and repairing the building?

    Other Topics

    Lease Extensions in Melton Mowbray