Quality lawyers for Leasehold Conveyancing in Ouston

Whether you are buying or selling leasehold flat in Ouston, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Ouston conveyancing lawyer with our search tool

Ouston leasehold conveyancing: Q and A’s

I have recently realised that I have Seventy years remaining on my flat in Ouston. I need to get lease extension but my landlord is absent. What are my options?

If you meet the appropriate requirements, 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 lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases an enquiry agent should be useful to carry out a search and to produce a report which can be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Ouston.

I have just appointed agents to market my basement flat in Ouston.Conveyancing has not commenced but I have just had a quarterly service charge demand – Do I pay up?

The sensible thing to do is pay 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. This will smooth the conveyancing process.

I am a negotiator for a long established estate agency in Ouston where we have experienced a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Ouston conveyancing solicitors. Please can you confirm whether the vendor of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

Do you have any advice for leasehold conveyancing in Ouston from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Ouston can be bypassed if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
  • The majority landlords or Management Companies in Ouston levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Ouston.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Ouston leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you fail to have the approvals to hand do not communicate with the landlord without contacting your solicitor first.
  • A minority of Ouston leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share certificate. Arranging a new share certificate can be a time consuming formality and frustrates many a Ouston home move. If a reissued share is necessary, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

  • All being well we will complete the disposal of our £200000 apartment in Ouston in seven days. The managing agents has quoted £312 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Ouston?

    Ouston conveyancing on leasehold apartments normally necessitates the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be willing to do so. They are entitled invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some situations it is above £800. The administration charge levied by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

    Leasehold Conveyancing in Ouston - Sample of Queries Prior to buying

      How many of the leaseholders are in arrears for their maintenance charge payments? Who is in charge of the block? It would be wise to find out if there is anything that is prohibited in the lease. By way of example it is very common in Ouston leases that pets are not allowed in in a block in Ouston. If you like the propertyin Ouston yet your cat can’t make the move with you then you have a very hard choice.

    Other Topics

    Lease Extensions in Ouston