Fixed-fee leasehold conveyancing in Montpelier:

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

Sample questions relating to Montpelier leasehold conveyancing

I am on look out for some leasehold conveyancing in Montpelier. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Montpelier - 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 husband and I may need to sub-let our Montpelier garden flat temporarily due to a career opportunity. We instructed a Montpelier conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Montpelier do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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 permission.

Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Montpelier. I now want to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. On the whole a specialist would be useful to carry out a search and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Montpelier.

Planning to complete next month on a basement flat in Montpelier. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Montpelier should include some of the following:

  • You should receive a copy of the lease
  • Setting out your rights in relation to the communal areas in the block.For example, does the lease include a right of way over an accessway or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • You need to be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Montpelier please enquire of your conveyancer in advance of your conveyancing in Montpelier

    • Do you have any advice for leasehold conveyancing in Montpelier from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Montpelier can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • The majority landlords or Management Companies in Montpelier charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Montpelier.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Montpelier state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you dont have the consents in place do not communicate with the landlord without contacting your solicitor in the first instance.
  • A minority of Montpelier leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is 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 lawyers.
  • If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a time consuming formality and delays many a Montpelier home move. Where a reissued share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • I am the registered owner of a garden flat in Montpelier, conveyancing formalities finalised in 2010. Can you please calculate a probable premium for a statutory lease extension? Equivalent flats in Montpelier with an extended lease are worth £245,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease finishes on 21st October 2091

    With only 67 years remaining on your lease we estimate the premium for your lease extension to span between £14,300 and £16,400 as well as professional fees.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Montpelier