Guaranteed fixed fees for Leasehold Conveyancing in Mortimer

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Recently asked questions relating to Mortimer leasehold conveyancing

I want to sublet my leasehold apartment 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 lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you need to seek permission via your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent must not not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Due to exchange soon on a ground floor flat in Mortimer. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether your lease has a provision for a reserve fund?
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • 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
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Mortimer please enquire of your lawyer in ahead of your conveyancing in Mortimer

    • I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Mortimer. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Mortimer ?

    The majority of houses in Mortimer are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Mortimer in which case you should be shopping around for a Mortimer conveyancing solicitor and check 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 entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

    Can you provide any advice for leasehold conveyancing in Mortimer with the aim of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Mortimer can be reduced where you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers conveyancers.
    • The majority freeholders or Management Companies in Mortimer charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. 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 receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Mortimer.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Mortimer leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such works. Where you dont have the consents to hand you should not contact the landlord without contacting your conveyancer in the first instance.
  • A minority of Mortimer leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 purchasers or their lawyers.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share certificate. Obtaining a duplicate share certificate can be a lengthy formality and delays many a Mortimer home move. If a reissued share certificate is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.

    • Are there frequently found deficiencies that you witness in leases for Mortimer properties?

    There is nothing unique about leasehold conveyancing in Mortimer. Most leases are individual and legal mistakes in the legal wording can result in certain provisions are not included. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , The Royal Bank of Scotland, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

    Mortimer Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

      Please note if it is no more than eighty years it will impact the salability of the property. Check with your bank that they are willing to go ahead with the loan given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of what this will be. For most Mortimerlease extensions you will be required to have owned the residence for a couple of years in order to be legally able to extend the lease. Is anyone aware of any major works in the planning that will add a premium to the service costs? It would be prudent to discover if the the lease includes any unreasonable restrictions in the lease. For example it is reasonably common in Mortimer leases that pets are not allowed in in a block in Mortimer. If you like the propertyin Mortimer but your dog can’t live with you then you will be faced hard compromise.

    Other Topics

    Lease Extensions in Mortimer