Fixed-fee leasehold conveyancing in Repton:

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Frequently asked questions relating to Repton leasehold conveyancing

I wish to sublet my leasehold flat in Repton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Repton conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must obtain permission from your landlord or some other party prior to subletting. The net result is that you cannot sublet without prior consent. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 62 years unexpired on my lease in Repton. I am keen to get lease extension but my freeholder is can not be found. What are my options?

On the basis that you qualify, 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have done all that could be expected to track down the lessor. In some cases a specialist may be useful to carry out a search and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Repton.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Repton. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

Most houses in Repton are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Repton so you should seriously consider shopping around for a Repton conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should report to you on the legal implications.

Can you offer any advice when it comes to appointing a Repton conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Repton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Repton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How many lease extensions has the firm carried out in Repton in the last 12 months?
  • What are the legal fees for lease extension conveyancing?

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

    • Much of the frustration in leasehold conveyancing in Repton can be avoided if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Repton leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. If you dont have the consents to hand you should not contact the landlord without checking with your lawyer first.
  • Some Repton leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents 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 annual 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 there is a history of 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 purchasers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to pay 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 better to present the dispute as over rather than unsettled.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

  • Repton Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

      How much is the annual maintenance fee and ground rent? How long is the Lease? Generally speaking the cost for major works tend not to be built into the maintenance charges, although a few managing agents in Repton obliged leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major repairs or maintenance.

    Other Topics

    Lease Extensions in Repton