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

Get a Quote

When it comes to leasehold conveyancing in Stokenchurch, you will need to chose a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Clydesdale , Yorkshire Building Society or Nationwide be sure to choose a lawyer on their approved list. Find a Stokenchurch conveyancing lawyer with our search tool

Questions and Answers: Stokenchurch leasehold conveyancing

I have recently realised that I have Fifty years remaining on my flat in Stokenchurch. I now wish to extend my lease but my freeholder is missing. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the landlord. For most situations a specialist would be useful to try and locate and prepare an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Stokenchurch.

I’m about to sell my basement flat in Stokenchurch.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly maintenance charge invoice – Do I pay up?

It best that you pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am a negotiator for a busy estate agent office in Stokenchurch where we have experienced a few flat sales derailed due to short leases. I have been given inconsistent advice from local Stokenchurch conveyancing firms. Please can you clarify whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner 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 need not have to sit tight for 2 years to extend their lease. 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.

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.

Can you offer any advice when it comes to choosing a Stokenchurch conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Stokenchurch conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Stokenchurch 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:

  • If they are not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Stokenchurch who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Stokenchurch from the perspective of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Stokenchurch can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers representatives.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Stokenchurch state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the approvals in place do not communicate with the landlord without contacting your solicitor first.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Arranging a replacement share certificate is often a lengthy process and delays many a Stokenchurch home move. If a reissued share certificate is necessary, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Stokenchurch - A selection of Queries Prior to buying

      You should be aware that where the lease has no more than 80 years it will have adverse implications on the marketability of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would be be obliged to have been the owner of the residence for two years in order to be legally able to exercise a lease extension. How much is the maintenance charge and ground rent on the apartment? The answer will be helpful as a) areas can cause problems in the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will want to have full disclosure

    Other Topics

    Lease Extensions in Stokenchurch