Fixed-fee leasehold conveyancing in Newton Abbot:

When it comes to leasehold conveyancing in Newton Abbot, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your lender is to be Lloyds, Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their approved list. Find a Newton Abbot conveyancing lawyer with our search tool

Common questions relating to Newton Abbot leasehold conveyancing

I am on look out for some leasehold conveyancing in Newton Abbot. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Newton Abbot - 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 Newton Abbot ground floor flat for a while due to a new job. We instructed a Newton Abbot conveyancing practice in 2002 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Newton Abbot conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent via your landlord or some other party before subletting. This means that you cannot sublet in the absence of first obtaining consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Looking forward to exchange soon on a basement flat in Newton Abbot. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Newton Abbot should include some of the following:

  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the property. This will be the flat itself but may include a loft or cellar if appropriate.
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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 included in your report on your leasehold property in Newton Abbot please ask your solicitor in advance of your conveyancing in Newton Abbot

  • Can you offer any advice when it comes to choosing a Newton Abbot conveyancing practice to deal with our lease extension?

    When appointing a conveyancer for lease extension works (regardless if they are a Newton Abbot conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Newton Abbot conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

    • Can they put you in touch with client in Newton Abbot who can give a testimonial?
  • What are the costs for lease extension work?

  • Can you provide any advice for leasehold conveyancing in Newton Abbot from the point of view of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Newton Abbot can be bypassed where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Newton Abbot leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such changes. If you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer first.
  • A minority of Newton Abbot 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 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 there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing 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 buyers, but it is better to present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a lengthy process and slows down many a Newton Abbot home move. Where a new share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

  • I inherited a split level flat in Newton Abbot, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Corresponding flats in Newton Abbot with an extended lease are worth £215,000. The average or mid-range amount of ground rent is £45 charged once a year. The lease expires on 21st October 2087

    With just 62 years remaining on your lease the likely cost is going to be between £19,000 and £22,000 plus professional fees.

    The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Newton Abbot