Quality lawyers for Leasehold Conveyancing in Shard End

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Sample questions relating to Shard End leasehold conveyancing

There are only 72 years left on my lease in Shard End. I now want to get lease extension but my landlord is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the lessor. For most situations a specialist may be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Shard End.

Expecting to exchange soon on a garden flat in Shard End. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Shard End should include some of the following:

  • You should be sent a copy of the lease
  • The physical extent of the premises. This will be the property itself but may incorporate a loft or basement if appropriate.
  • Does the lease prevent you from renting out the flat, or working from home
  • You should be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat For a comprehensive list of information to be contained in your report on your leasehold property in Shard End please ask your solicitor in ahead of your conveyancing in Shard End

  • Can you provide any advice for leasehold conveyancing in Shard End with the aim of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Shard End can be reduced where you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
    • The majority freeholders or Management Companies in Shard End charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Shard End.
  • A minority of Shard End leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is 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 purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to 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 ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a replacement share certificate is often a time consuming process and delays many a Shard End conveyancing transaction. Where a duplicate share is required, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

  • If all goes to plan we aim to complete our sale of a £500000 maisonette in Shard End in just under a week. The management company has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Shard End?

    Shard End conveyancing on leasehold apartments more often than not requires the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality one has no option but to pay whatever is demanded if you want to sell the property.

    When it comes to leasehold conveyancing in Shard End what are the most frequent lease defects?

    There is nothing unique about leasehold conveyancing in Shard End. All leases are unique and legal mistakes in the legal wording can result in certain sections 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 property
    • Insurance obligations
    • 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

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Norwich and Peterborough 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 buyer to pull out.

    I own a 1st floor flat in Shard End, conveyancing having been completed 2004. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Shard End with over 90 years remaining are worth £170,000. The average or mid-range amount of ground rent is £55 charged once a year. The lease comes to an end on 21st October 2080

    With 59 years remaining on your lease we estimate the premium for your lease extension to span between £21,900 and £25,200 as well as professional fees.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Shard End