I am in need of some leasehold conveyancing in Shillington. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Shillington - 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.

My partner and I may need to sub-let our Shillington ground floor flat for a while due to taking a sabbatical. We used a Shillington conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Shillington do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am looking at a couple of apartments in Shillington both have in the region of 50 years remaining on the leases. Do I need to be concerned?

There are plenty of short leases in Shillington. The lease is a right to use the property for a period of time. As the lease gets shorter the saleability of the lease reduces and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. More often than not it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this arena

What advice can you give us when it comes to finding a Shillington conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Shillington conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Shillington conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then what is the reason?

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

There is nothing unique about leasehold conveyancing in Shillington. Most leases are individual and drafting errors can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Shillington Conveyancing for Leasehold Flats - A selection of Queries before buying

Its a good idea to discover as much as you can concerning the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to every day matters such as the tidiness of the communal areas. Don't be afraid to ask other tenants if they are happy with them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending that money. It is important to be aware whether fixing the lift or some other major work is anticipated that will be shared between the leaseholders and will dramatically impact the level of the maintenance charges or require a specific payment. Plenty Shillington leasehold flats will incur a service charge for maintenance of the building set by the freeholder. Where you acquire the property you will have to pay this liability, normally in instalments throughout the year. This may differ from a few hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a rentcharge to be met annual, ordinarily this is not a exorbitant sum, say about £50-£100 but you need to check it because on occasion it could be prohibitively expensive.

Other Topics

Lease Extensions in Shillington