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Common questions relating to Sherwood leasehold conveyancing

Having checked my lease I have discovered that there are only Seventy years left on my flat in Sherwood. 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 qualify, 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 extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the landlord. On the whole a specialist should be helpful to try and locate and to produce an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Sherwood.

Planning to complete next month on a studio apartment in Sherwood. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • You should be told what constitutes 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 sinking fund?
  • 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
  • What options are open to you if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in Sherwood please ask your lawyer in advance of your conveyancing in Sherwood

  • I am attracted to a two apartments in Sherwood both have approximately fifty years unexpired on the leases. Will this present a problem?

    A lease is a right to use the premises for a period of time. As the lease shortens the marketability of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

    I am employed by a reputable estate agent office in Sherwood where we have witnessed a number of flat sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Sherwood conveyancing firms. Can you confirm whether the seller of a flat can commence the lease extension process for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

    An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

    What advice can you give us when it comes to finding a Sherwood conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Sherwood conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Sherwood conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • How many lease extensions have they carried out in Sherwood in the last twenty four months?
  • What are the charges for lease extension work?

  • I own a 1 bedroom flat in Sherwood, conveyancing was carried out half a dozen years ago. How much will my lease extension cost? Corresponding properties in Sherwood with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £45 per annum. The lease runs out on 21st October 2082

    With only 57 years left to run we estimate the premium for your lease extension to range between £26,600 and £30,800 as well as legals.

    The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Sherwood