Leasehold Conveyancing in Silverton - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Silverton, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your lender is to be Lloyds, RBS or Nationwide make sure you find a lawyer on their approved list. Find a Silverton conveyancing lawyer with our search tool

Top Five Questions relating to Silverton leasehold conveyancing

I wish to rent out my leasehold flat in Silverton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your last Silverton conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of prior consent. The consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Silverton. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Silverton ?

The majority of houses in Silverton are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Silverton in which case you should be looking for a Silverton conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

I am a negotiator for a long established estate agency in Silverton where we have experienced a number of flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Silverton conveyancing solicitors. Can you clarify whether the vendor of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 Silverton conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Silverton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Silverton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • Can they put you in touch with client in Silverton who can give a testimonial?
  • What are the charges for lease extension conveyancing?

    • Do you have any top tips for leasehold conveyancing in Silverton with the purpose of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Silverton can be avoided if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers solicitors.
    • The majority landlords or Management Companies in Silverton levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought 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 common cause of frustration in leasehold conveyancing in Silverton.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Silverton leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such works. Should you fail to have the paperwork to hand do not contact the landlord without contacting your lawyer in the first instance.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Obtaining a duplicate share certificate is often a time consuming formality and delays many a Silverton home move. Where a reissued share is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Silverton Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

      Who are the managing agents? Plenty Silverton leasehold apartments will have a service bill for maintenance of the block levied on behalf of the management company. Should you buy the property you will have to pay this liability, usually quarterly throughout the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge for you to pay yearly, this is usually not a significant amount, say about £50-£100 but you should to enquire it because sometimes it could be many hundreds of pounds. Are there any major works on the horizon that will likely increase the maintenance costs?

    Other Topics

    Lease Extensions in Silverton