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Mirfield leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Mirfield. Before diving in I want to be sure as to the unexpired term of the lease.

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

I’m about to sell my 2 bed apartment in Mirfield.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – what should I do?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am attracted to a couple of flats in Mirfield which have about 50 years unexpired on the leases. should I be concerned?

There are plenty of short leases in Mirfield. The lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the saleability of the lease decreases and it becomes more expensive to extend the lease. This is why it is often a good idea to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this field

I've recently bought a leasehold property in Mirfield. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What are your top tips when it comes to finding a Mirfield conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Mirfield conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Mirfield conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Mirfield who can give a testimonial?

  • Mirfield Leasehold Conveyancing - Sample of Questions you should ask before buying

      How many years remain on the lease? The majority of Mirfield leasehold properties will incur a service bill for maintenance of the block levied on behalf of the management company. If you purchase the apartment you will have to pay this charge, usually quarterly throughout the year. This could differ from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge to be met yearly, ordinarily this is not a exorbitant figure, say about £25-£75 but you need to enquire it because on occasion it could be many hundreds of pounds. Please note if it is fewer than eighty years it will impact the salability of the flat. Check with your bank that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of what this will be. For most Mirfieldlease extensions you would be required to have owned the property for 24 months before you are legally able to extend the lease.

    Other Topics

    Lease Extensions in Mirfield