Guaranteed fixed fees for Leasehold Conveyancing in Stanley

Any conveyancing practice can theoretically handle your leasehold conveyancing in Stanley, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Stanley leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Stanley. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in Stanley - then the leasehold title will always include the basic details 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.

I would like to sublet my leasehold flat in Stanley. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A lease governs the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Stanley do not contain subletting altogether – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I am employed by a busy estate agency in Stanley where we have witnessed a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Stanley conveyancing firms. Please can you confirm whether the vendor of a flat can start the lease extension process for the buyer?

Provided that 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. 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 before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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 are your top tips when it comes to appointing a Stanley conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Stanley conveyancing practice) it is imperative 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 Stanley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • How experienced is the firm with lease extension legislation?
  • What volume of lease extensions have they completed in Stanley in the last twenty four months?

  • If all goes to plan we aim to complete our sale of a £325000 apartment in Stanley next Tuesday . The freeholder has quoted £408 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Stanley?

    Stanley conveyancing on leasehold flats typically involves fees being invoiced by managing agents :

    • Answering conveyancing due diligence enquiries
    • Where consent is required before sale in Stanley
    • Copies of the building insurance and schedule
    • 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 Stanley leasehold premises is £350. For Stanley 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 provide answers.

    Stanley Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

      How is the lease structured? It would be a good idea to find out if the the lease includes any adverse restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Stanley. If you like the apartmentin Stanley yet your dog can’t make the move with you then you have a very difficult choice. It is important to be aware whether redecorating or some other significant cost is due shortly that will be shared between the leaseholders and will materially impact the level of the maintenance charges or require a one time payment.

    Other Topics

    Lease Extensions in Stanley