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Questions and Answers: Morpeth leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Morpeth. Before I get started I require certainty as to the remaining lease term.

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

I've found a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Morpeth. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Morpeth ?

Most houses in Morpeth are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Morpeth in which case you should be looking for a Morpeth conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer will appraise you on the various issues.

What are your top tips when it comes to choosing a Morpeth conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Morpeth conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Morpeth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • What volume of lease extensions has the firm conducted in Morpeth in the last 12 months?

    • Do you have any top tips for leasehold conveyancing in Morpeth with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Morpeth can be bypassed where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Morpeth leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such works. If you fail to have the consents to hand you should not contact the landlord without checking with your lawyer before hand.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned 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 settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate can be a time consuming formality and frustrates many a Morpeth home move. If a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to where the lease term is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Completion in due on the sale of our £125000 apartment in Morpeth next Tuesday . The managing agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Morpeth?

    Morpeth conveyancing on leasehold apartments usually necessitates the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions the majority will be content to assist. They are entitled levy a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The administration charge levied by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality one has no option but to pay whatever is requested of you should you wish to sell the property.

    Leasehold Conveyancing in Morpeth - A selection of Questions you should ask Prior to buying

      Is the freehold reversion owned jointly by the tenants? If a Morpeth lease has less than eighty years it will impact the salability of the apartment. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you will be be obliged to have owned the residence for a couple of years in order to be eligible to exercise a lease extension. The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders have control and notwithstanding that a managing agent is usually employed where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Morpeth