Quality lawyers for Leasehold Conveyancing in Mortimer

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Sample questions relating to Mortimer leasehold conveyancing

I would like to sublet my leasehold flat in Mortimer. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your previous Mortimer conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, 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 am assuming that there are particular concerns purchasing a leasehold house in Mortimer. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Mortimer ?

Most houses in Mortimer are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Mortimer so you should seriously consider shopping around for a Mortimer conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer will appraise you on the various issues.

I work for a long established estate agency in Mortimer where we have witnessed a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Mortimer conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

An alternative approach is 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.

Can you offer any advice when it comes to finding a Mortimer conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Mortimer conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Mortimer conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How familiar is the practice with lease extension legislation?
  • If the firm is not ALEP accredited then why not?

  • Do you have any advice for leasehold conveyancing in Mortimer with the aim of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Mortimer can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Mortimer state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such changes. Should you dont have the approvals to hand do not contact the landlord without contacting your conveyancer before hand.
  • Some Mortimer leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a time consuming formality and frustrates many a Mortimer conveyancing transaction. Where a reissued share certificate is needed, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

  • Mortimer Leasehold Conveyancing - Examples of Queries Prior to buying

      Who are the managing agents? Most Mortimer leasehold flats will be liable to pay a service bill for maintenance of the building levied by the management company. Should you purchase the apartment you will have to pay this amount, usually quarterly accross the year. This may vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a ground rent to be met annual, normally this is not a exorbitant figure, say around £25-£75 but you need to check it because on occasion it could be many hundreds of pounds. On the whole the cost for major works tend not to be built into the maintenance charges, albeit that there some managing agents in Mortimer ask leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.

    Other Topics

    Lease Extensions in Mortimer