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Questions and Answers: North Walsham leasehold conveyancing

I am on look out for some leasehold conveyancing in North Walsham. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in North Walsham - then the leasehold title will always include the basic details 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.

I would like to sublet my leasehold apartment in North Walsham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in North Walsham 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 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 consent.

Expecting to sign contracts shortly on a studio apartment in North Walsham. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in North Walsham should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from letting out the flat, or having a home office for business
  • You need to be told what counts as a Nuisance in the lease
  • Repair and maintenance of the flat
  • 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 For details of the information to be included in your report on your leasehold property in North Walsham please enquire of your solicitor in advance of your conveyancing in North Walsham

    • What advice can you give us when it comes to appointing a North Walsham conveyancing firm to deal with our lease extension?

    If you are instructing a solicitor for lease extension works (regardless if they are a North Walsham conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non North Walsham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

    • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in North Walsham who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in North Walsham from the point of view of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in North Walsham can be avoided where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers solicitors.
    • Many freeholders or Management Companies in North Walsham levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in North Walsham.
  • Some North Walsham 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. The bank reference will need to confirm that the buyers are 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 purchasers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Arranging a replacement share certificate is often a lengthy process and delays many a North Walsham conveyancing transaction. If a duplicate share certificate is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • North Walsham Conveyancing for Leasehold Flats - Sample of Queries before buying

      The answer will be important as a) areas can cause problems in the building as the common areas may begin to deteriorate where maintenance are not paid for b) if the leaseholders have a dispute with the running of the building you will want to know about it What prohibitions are contained in the North Walsham Lease? Who takes charge for maintaining and repairing the block?

    Other Topics

    Lease Extensions in North Walsham