Quality lawyers for Leasehold Conveyancing in Silverton

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Frequently asked questions relating to Silverton leasehold conveyancing

Helen (my wife) and I may need to rent out our Silverton ground floor flat for a while due to a career opportunity. We instructed a Silverton conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Silverton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold 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.

Looking forward to complete next month on a ground floor flat in Silverton. Conveyancing solicitors have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Defining your legal entitlements in relation to the communal areas in the block.For instance, does the lease permit a right of way over a path or staircase?
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Silverton please ask your conveyancer in advance of your conveyancing in Silverton

  • I own a leasehold flat in Silverton. Conveyancing and National Westminster Bank mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Silverton who previously acted has now retired.Any advice?

    The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Silverton conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any top tips for leasehold conveyancing in Silverton from the perspective of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Silverton can be reduced if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
    • The majority landlords or managing agents in Silverton levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. 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 reason for delay in leasehold conveyancing in Silverton.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Silverton leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. If you fail to have the consents to hand you should not communicate with the landlord without checking with your conveyancer in advance.
  • A minority of Silverton leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.

  • Completion in due on the sale of our £250000 flat in Silverton in just under a week. The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Silverton?

    Silverton conveyancing on leasehold flats typically involves administration charges invoiced by landlords agents :

    • Addressing pre-contract enquiries
    • Where consent is required before sale in Silverton
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Silverton leasehold property is £350. For Silverton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

    Silverton Leasehold Conveyancing - A selection of Questions you should consider before buying

      Its a good idea to find out as much as possible concerning the company managing the block as they will either make living at the property much easier or problematic. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day issues like the cleanliness of the communal areas. Don't be shy to ask other people if they are happy with them. Finally, investigate as to the dates that the service fees are due to the managing agents and precisely what it includes. The answer will be useful as a) areas could result in problems in the block as the common areas may start to deteriorate if services remain unpaid b) if the tenants have a dispute with the running of the building you will want to have complete disclosure Please tell me if there are any major works in the near future that could increase the maintenance costs?

    Other Topics

    Lease Extensions in Silverton