Experts for Leasehold Conveyancing in Shaftesbury

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When it comes to leasehold conveyancing in Shaftesbury, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or Nationwide be sure to choose a lawyer on their panel. Find a Shaftesbury conveyancing lawyer with our search tool

Questions and Answers: Shaftesbury leasehold conveyancing

I am on look out for some leasehold conveyancing in Shaftesbury. Before diving in I would like to find out the number of years remaining on the lease.

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

Harry (my fiance) and I may need to let out our Shaftesbury 1st floor flat temporarily due to taking a sabbatical. We used a Shaftesbury conveyancing firm in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Shaftesbury conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you must obtain permission via your landlord or some other party in advance of subletting. This means that you cannot sublet without first obtaining permission. The consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Looking forward to exchange soon on a leasehold property in Shaftesbury. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The physical extent of the premises. This will be the flat itself but could also include a roof space or cellar if appropriate.
  • Whether the lease restricts you from subletting the flat, or having a home office for business
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • 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
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Shaftesbury please ask your conveyancer in ahead of your conveyancing in Shaftesbury

    • Estate agents have just been given the go-ahead to market my garden flat in Shaftesbury.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should discharge 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 managing agents 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.

    Can you provide any advice for leasehold conveyancing in Shaftesbury from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Shaftesbury can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Shaftesbury leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such works. If you dont have the paperwork to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
  • A minority of Shaftesbury leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a replacement share certificate is often a lengthy process and frustrates many a Shaftesbury home move. Where a new share is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. In the circumstances it is important 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.

    • Leasehold Conveyancing in Shaftesbury - Sample of Queries before buying

      How is the lease structured? Does the lease have onerous restrictions? This question is useful as a) areas could result in problems for the block as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have an issue with the running of the building you will want to have full disclosure

    Other Topics

    Lease Extensions in Shaftesbury