Leasehold Conveyancing in Rugby - Get a Quote from the leasehold experts approved by your lender

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Examples of recent questions relating to leasehold conveyancing in Rugby

Having had my offer accepted I require leasehold conveyancing in Rugby. Before diving in I want to be sure as to the remaining lease term.

If the lease is registered - and 99.9% are in Rugby - then the leasehold title will always include the short particulars 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 wish to sublet my leasehold apartment in Rugby. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your last Rugby conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Planning to sign contracts shortly on a ground floor flat in Rugby. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?

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

  • The total extent of the premises. This will be the property itself but may incorporate a loft or basement if appropriate.
  • Will you be prohibited or prevented from having pets in the property?
  • Does the lease prevent you from letting out the property, or working from home
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • 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
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Rugby please ask your conveyancer in advance of your conveyancing in Rugby

    • Can you provide any advice for leasehold conveyancing in Rugby from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Rugby can be avoided where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Rugby state that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such works. If you dont have the paperwork to hand you should not communicate with the landlord without checking with your solicitor in the first instance.
  • A minority of Rugby leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 actual amount of the service charge 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 essential that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Arranging a duplicate share certificate is often a lengthy formality and slows down many a Rugby conveyancing deal. If a duplicate share certificate is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • What makes a Rugby lease unmortgageable?

    Leasehold conveyancing in Rugby is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and TSB all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    I bought a ground floor flat in Rugby, conveyancing having been completed 3 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in Rugby with a long lease are worth £193,000. The ground rent is £55 levied per year. The lease expires on 21st October 2104

    With 79 years remaining on your lease the likely cost is going to range between £10,500 and £12,000 as well as legals.

    The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more comprehensive due diligence. Do not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Rugby