Fixed-fee leasehold conveyancing in North Baddesley:

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Questions and Answers: North Baddesley leasehold conveyancing

My wife and I may need to rent out our North Baddesley basement flat temporarily due to taking a sabbatical. We used a North Baddesley conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous North Baddesley conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to seek permission via your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my basement apartment in North Baddesley.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?

It best that you discharge the invoice 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 management companies will not acknowledge the buyer until 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. Having a clear account will assist your cause and will leave you no worse off financially.

I own a leasehold house in North Baddesley. Conveyancing and National Westminster Bank mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in North Baddesley who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a North Baddesley conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to appointing a North Baddesley conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a North Baddesley conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non North Baddesley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • What volume of lease extensions have they completed in North Baddesley in the last year?
  • What are the charges for lease extension work?

    • Do you have any advice for leasehold conveyancing in North Baddesley from the point of view of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in North Baddesley can be reduced where you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ solicitors.
    • The majority landlords or managing agents in North Baddesley charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information 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 frequent cause of frustration in leasehold conveyancing in North Baddesley.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? North Baddesley leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the consents in place you should not contact the landlord without checking with your conveyancer before hand.
  • A minority of North Baddesley leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The 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 you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Arranging a new share certificate is often a time consuming formality and delays many a North Baddesley conveyancing deal. If a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • I acquired a split level flat in North Baddesley, conveyancing having been completed in 2000. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in North Baddesley with a long lease are worth £198,000. The average or mid-range amount of ground rent is £55 per annum. The lease runs out on 21st October 2076

    With only 51 years unexpired we estimate the price of your lease extension to span between £31,400 and £36,200 as well as plus your own and the landlord's "reasonable" professional fees.

    The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues 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 based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in North Baddesley