Fixed-fee leasehold conveyancing in St Nicholas:

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When it comes to leasehold conveyancing in St Nicholas, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Yorkshire Building Society or Bradford & Bingley make sure you find a lawyer on their panel. Find a St Nicholas conveyancing lawyer with our search tool

Examples of recent questions relating to leasehold conveyancing in St Nicholas

Jane (my partner) and I may need to sub-let our St Nicholas 1st floor flat temporarily due to taking a sabbatical. We used a St Nicholas conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in St Nicholas do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience suggests 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 permission.

Due to complete next month on a leasehold property in St Nicholas. Conveyancing solicitors assured me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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 the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in St Nicholas please enquire of your lawyer in advance of your conveyancing in St Nicholas

    • Last month I purchased a leasehold property in St Nicholas. Am I liable to pay service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    What are your top tips when it comes to appointing a St Nicholas conveyancing practice to deal with our lease extension?

    When appointing a conveyancer for your lease extension (regardless if they are a St Nicholas conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non St Nicholas conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • How many lease extensions has the firm carried out in St Nicholas in the last 12 months?
  • Can they put you in touch with client in St Nicholas who can give a testimonial?

    • In relation to leasehold conveyancing in St Nicholas what are the most common lease problems?

    There is nothing unique about leasehold conveyancing in St Nicholas. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the building
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You may have 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. Barclays , Bank of Scotland, and Godiva Mortgages Ltd all have express 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 provide security, obliging the purchaser to withdraw.

    St Nicholas Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

      Does this lease have more than 80 years remaining? Are any of leasehold owners in dispute over their service charge liability? Who takes charge for maintaining and repairing the block?

    Other Topics

    Lease Extensions in St Nicholas