Fixed-fee leasehold conveyancing in Penistone:

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Penistone, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Penistone leasehold conveyancing

I am in need of some leasehold conveyancing in Penistone. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is registered - and 99.9% are in Penistone - 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.

There are only 72 years unexpired on my lease in Penistone. I need to get lease extension but my landlord is missing. What should I do?

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 granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations an enquiry agent would be helpful to try and locate and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Penistone.

Due to sign contracts shortly on a basement flat in Penistone. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Penistone should include some of the following:

  • The physical extent of the demise. This will be the flat itself but could also include a roof space or cellar if appropriate.
  • Defining your rights in relation to common areas in the block.By way of example, does the lease provide for a right of way over an accessway or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Does the lease prevent you from letting out the flat, or having a home office for business
  • You should have a good understanding of the insurance provisions
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be included in your report on your leasehold property in Penistone please ask your lawyer in ahead of your conveyancing in Penistone

    • Can you offer any advice when it comes to finding a Penistone conveyancing firm to carry out our lease extension conveyancing?

    When appointing a solicitor for lease extension works (regardless if they are a Penistone 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 make enquires with several firms including non Penistone conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

    • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions have they conducted in Penistone in the last 12 months?

    • Do you have any top tips for leasehold conveyancing in Penistone with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Penistone can be bypassed where you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Penistone leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord consenting to such changes. Where you dont have the consents to hand you should not contact the landlord without contacting your solicitor first.
  • If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unresolved.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Obtaining a new share certificate is often a lengthy formality and frustrates many a Penistone home move. If a duplicate share is necessary, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 80 years. It is therefore important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • I bought a garden flat in Penistone, conveyancing formalities finalised 4 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Penistone with a long lease are worth £170,000. The ground rent is £65 invoiced every year. The lease ceases on 21st October 2090

    With just 64 years unexpired the likely cost is going to range between £16,200 and £18,600 plus legals.

    The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should 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 you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Penistone