Experts for Leasehold Conveyancing in Stratford Upon Avon

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When it comes to leasehold conveyancing in Stratford Upon Avon, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, RBS or Nationwide be sure to choose a lawyer on their panel. Feel free to use our search tool

Questions and Answers: Stratford Upon Avon leasehold conveyancing

I have just appointed agents to market my garden flat in Stratford Upon Avon.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is clear the service charge 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 until 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.

My wife and I purchased a leasehold house in Stratford Upon Avon. Conveyancing and Platform Home Loans Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Stratford Upon Avon who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a Stratford Upon Avon conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a reputable estate agency in Stratford Upon Avon where we see a few flat sales derailed as a result of short leases. I have received conflicting advice from local Stratford Upon Avon conveyancing firms. Can you clarify whether the owner of a flat can start the lease extension formalities 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 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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 buyer.

What are your top tips when it comes to choosing a Stratford Upon Avon conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Stratford Upon Avon conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Stratford Upon Avon conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • How familiar is the practice with lease extension legislation?
  • What are the costs for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Stratford Upon Avon from the perspective of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Stratford Upon Avon can be bypassed if you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
    • The majority landlords or Management Companies in Stratford Upon Avon levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Stratford Upon Avon.
  • Some Stratford Upon Avon leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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 you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Organising a duplicate share certificate is often a lengthy formality and frustrates many a Stratford Upon Avon conveyancing deal. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • Stratford Upon Avon Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

      What is the the remaining lease term? The prefered form of lease structure is a share of the freehold. In this situation the leaseholders enjoy control and even though a managing agent is often employed where it is larger than a house conversion, the managing agent is directed by the tenants. It would be wise to discover if there is anything that is prohibited in the lease. For example it is very common in Stratford Upon Avon leases that pets are not allowed in certain buildings in Stratford Upon Avon. If you love the apartmentin Stratford Upon Avon yet your cat can’t make the move with you then you will be faced hard compromise.

    Other Topics

    Lease Extensions in Stratford Upon Avon