Fixed-fee leasehold conveyancing in Newton Ferrers:

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When it comes to leasehold conveyancing in Newton Ferrers, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , RBS or Bradford & Bingley make sure you find a lawyer on their panel. Feel free to use our search tool

Newton Ferrers leasehold conveyancing: Q and A’s

Helen (my wife) and I may need to let out our Newton Ferrers ground floor flat temporarily due to a new job. We instructed a Newton Ferrers conveyancing firm in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Newton Ferrers do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Having checked my lease I have discovered that there are only Seventy years left on my lease in Newton Ferrers. I now want to get lease extension but my landlord is missing. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent may be helpful to conduct investigations and prepare an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Newton Ferrers.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Newton Ferrers.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Back In 2004, I bought a leasehold house in Newton Ferrers. Conveyancing and Bank of Scotland mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Newton Ferrers who acted for me is not around.What should I do?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to instruct a Newton Ferrers conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any top tips for leasehold conveyancing in Newton Ferrers with the intention of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Newton Ferrers can be bypassed where you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
  • Many freeholders or managing agents in Newton Ferrers charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Newton Ferrers.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Newton Ferrers leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such alterations. Where you fail to have the paperwork in place do not communicate with the landlord without contacting your lawyer first.
  • Some Newton Ferrers leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are 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 solicitors.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • I bought a leasehold flat in Newton Ferrers, conveyancing was carried out 2009. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Newton Ferrers with an extended lease are worth £252,000. The ground rent is £50 per annum. The lease finishes on 21st October 2104

    With 80 years unexpired the likely cost is going to span between £8,600 and £9,800 plus professional fees.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Newton Ferrers