Fixed-fee leasehold conveyancing in Mudeford:

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Mudeford leasehold conveyancing Example Support Desk Enquiries

Frank (my husband) and I may need to sub-let our Mudeford 1st floor flat temporarily due to taking a sabbatical. We instructed a Mudeford conveyancing firm in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Mudeford conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Back In 2002, I bought a leasehold house in Mudeford. Conveyancing and Barnsley Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Mudeford who previously acted has now retired.What should I do?

First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Mudeford conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

When appointing a solicitor for your lease extension (regardless if they are a Mudeford conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Mudeford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Mudeford who can give a testimonial?

  • Can you provide any top tips for leasehold conveyancing in Mudeford from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Mudeford can be reduced where you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
    • A minority of Mudeford 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 put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate is often a time consuming process and slows down many a Mudeford conveyancing deal. If a reissued share is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Completion in due on the sale of our £500000 flat in Mudeford next week. The landlords agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Mudeford?

    Mudeford conveyancing on leasehold flats more often than not involves the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be willing to do so. They are at liberty invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge demanded by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, without which the invoice is not strictly payable. In reality you have little choice but to pay whatever is requested of you if you want to sell the property.

    Mudeford Leasehold Conveyancing - Sample of Queries before buying

      Please note that where the lease has no more than eighty years it will affect the value of the flat. It is worth checking with your mortgage company that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering how much this would cost. For most Mudefordlease extensions you would be be obliged to have been the owner of the residence for 24 months in order to be eligible to extend the lease. How many of the leaseholders are in arrears for their service charge payments? Many Mudeford leasehold flats will have a service charge for the upkeep of the building levied by the freeholder. Should you acquire the property you will have to pay this charge, normally quarterly accross the year. This could be anything from several hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a exorbitant amount, say approximately £50-£100 but you need to check it because on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Mudeford