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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in North Shields and Tynemouth, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: North Shields and Tynemouth leasehold conveyancing

My wife and I may need to let out our North Shields and Tynemouth 1st floor flat for a while due to taking a sabbatical. We used a North Shields and Tynemouth conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in North Shields and Tynemouth 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 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in North Shields and Tynemouth. I now want to get lease extension but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to find the freeholder. In some cases an enquiry agent would be useful to carry out a search and prepare a report which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court covering North Shields and Tynemouth.

I have just appointed agents to market my garden apartment in North Shields and Tynemouth.Conveyancing has not commenced but I have just received a quarterly service charge demand – Do I pay up?

The sensible thing to do is 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 management companies 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.

Can you offer any advice when it comes to finding a North Shields and Tynemouth conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for your lease extension (regardless if they are a North Shields and Tynemouth conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non North Shields and Tynemouth conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

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

    • Can you provide any top tips for leasehold conveyancing in North Shields and Tynemouth with the aim of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in North Shields and Tynemouth can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
    • Many landlords or Management Companies in North Shields and Tynemouth charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in North Shields and Tynemouth.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in North Shields and Tynemouth state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such alterations. If you fail to have the paperwork to hand do not communicate with the landlord without contacting your lawyer before hand.
  • If you hold a share in a the freehold, you should ensure that you have the original share document. Arranging a duplicate share certificate can be a time consuming formality and slows down many a North Shields and Tynemouth conveyancing transaction. If a new share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be advisable verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I own a basement flat in North Shields and Tynemouth, conveyancing was carried out half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Equivalent properties in North Shields and Tynemouth with a long lease are worth £207,000. The ground rent is £50 charged once a year. The lease terminates on 21st October 2083

    With only 57 years remaining on your lease we estimate the premium for your lease extension to span between £24,700 and £28,600 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 a more accurate figure without more comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in North Shields and Tynemouth