Experts for Leasehold Conveyancing in Sawston

Leasehold conveyancing in Sawston is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Sawston and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Sawston leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Sawston. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Sawston - 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.

Harry (my fiance) and I may need to rent out our Sawston 1st floor flat temporarily due to a new job. We used a Sawston conveyancing practice in 2002 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Sawston conveyancing solicitor is no longer available you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Can you provide any top tips for leasehold conveyancing in Sawston from the point of view of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Sawston can be avoided where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ representatives.
  • The majority freeholders or Management Companies in Sawston levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack sought as soon as you have 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 frequent cause of frustration in leasehold conveyancing in Sawston.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Sawston leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals in place do not communicate with the landlord without contacting your conveyancer in advance.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share document. Arranging a duplicate share certificate can be a lengthy formality and delays many a Sawston home move. If a reissued share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but you should double-check via your solicitors. A purchaser's conveyancer 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 home on the market for sale.

  • If all goes to plan we aim to complete our sale of a £475000 flat in Sawston in just under a week. The freeholder has quoted £300 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Sawston?

    Sawston conveyancing on leasehold maisonettes usually necessitates fees being levied by landlords agents :

    • Addressing pre-exchange enquiries
    • Where consent is required before sale in Sawston
    • Copies of the building insurance and schedule
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Sawston leasehold premises is £350. For Sawston conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

    When it comes to leasehold conveyancing in Sawston what are the most common lease problems?

    There is nothing unique about leasehold conveyancing in Sawston. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Leeds Building Society, and Nottingham Building Society 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, obliging the purchaser to withdraw.

    Sawston Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      Are any of leasehold owners in dispute over their service charge payments? On the whole the cost for major works are not built into the maintenance charges, albeit that a few managing agents in Sawston require leasehold owners to pay into a reserve fund and this is used to offset against larger repairs or maintenance. This question is useful as a) areas could cause problems for the block as the communal areas may begin to deteriorate if services are not paid for b) if the tenants have a dispute with the managing agents you will wish to have full disclosure

    Other Topics

    Lease Extensions in Sawston