Experts for Leasehold Conveyancing in Swadlincote

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When it comes to leasehold conveyancing in Swadlincote, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or NatWest make sure you find a lawyer on their panel. Feel free to use our search tool

Common questions relating to Swadlincote leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Swadlincote. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Swadlincote - then the leasehold title will always include the short particulars 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.

My wife and I purchased a leasehold house in Swadlincote. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Swadlincote who acted for me is not around.What should I do?

First contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Swadlincote conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Swadlincote. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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 Swadlincote conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Swadlincote conveyancing practice) it is most important that he or she should 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 Swadlincote conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

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

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

    • A significant proportion of the delay in leasehold conveyancing in Swadlincote can be reduced if you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • Many freeholders or Management Companies in Swadlincote levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Swadlincote.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Swadlincote leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such alterations. If you dont have the consents in place do not contact the landlord without checking with your conveyancer in advance.
  • A minority of Swadlincote 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 obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 the benefit of shareholding in the freehold, you should ensure that you have the original share document. Arranging a replacement share certificate can be a lengthy formality and delays many a Swadlincote conveyancing deal. Where a reissued share is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • Swadlincote Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

      Where a Swadlincote lease has fewer than eighty years it will affect the value of the flat. Check with your lender that they are happy with residual term of the lease. 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 how much this would cost. Remember, in most cases you would be be obliged to have been the owner of the property for a couple of years in order to be legally able to exercise a lease extension. How many of the leaseholders are in arrears for their maintenance charge payments? It would be prudent to investigate if there is anything that is prohibited in the lease. By way of example it is reasonably common in Swadlincote leases that pets are not allowed in in a block in Swadlincote. If you like the propertyin Swadlincote yet your dog is not allowed to move with you then you will be presented with a difficult determination.

    Other Topics

    Lease Extensions in Swadlincote