Fixed-fee leasehold conveyancing in Newton Ferrers:

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Common questions relating to Newton Ferrers leasehold conveyancing

I want to rent out my leasehold flat in Newton Ferrers. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Newton Ferrers do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates 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.

I have just started marketing my basement apartment in Newton Ferrers.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge demand – Do I pay up?

It best that you discharge 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.

I am employed by a reputable estate agency in Newton Ferrers where we have experienced a number of flat sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Newton Ferrers conveyancing firms. Can you clarify whether the vendor of a flat can start the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.

What are your top tips when it comes to choosing a Newton Ferrers conveyancing firm to deal with our lease extension?

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

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

    • Can you provide any advice for leasehold conveyancing in Newton Ferrers from the perspective of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Newton Ferrers can be bypassed where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
    • The majority landlords or Management Companies in Newton Ferrers charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Newton Ferrers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Newton Ferrers state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such works. Where you fail to have the paperwork in place do not communicate with the landlord without checking with your lawyer in the first instance.
  • A minority of Newton Ferrers leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 may think that you are aware of the number of years remaining on your lease but you should verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Newton Ferrers Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

      The best form of lease structure is a share of the freehold. In this situation the lessees have control and even though a managing agent is often employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. How much is the service charge and ground rent on the property? On the whole the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Newton Ferrers ask leasehold owners to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger works.

    Other Topics

    Lease Extensions in Newton Ferrers