Fixed-fee leasehold conveyancing in Tewkesbury:

Leasehold conveyancing in Tewkesbury is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Tewkesbury and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Common questions relating to Tewkesbury leasehold conveyancing

I wish to rent out my leasehold flat in Tewkesbury. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Tewkesbury do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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 consent.

My wife and I purchased a leasehold flat in Tewkesbury. Conveyancing and Norwich and Peterborough Building Society mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Tewkesbury who acted for me is not around.Any advice?

First contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Tewkesbury conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a long established estate agency in Tewkesbury where we see a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Tewkesbury conveyancing firms. Could you confirm whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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. This means 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 simultaneously with 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 buyer.

Can you provide any advice for leasehold conveyancing in Tewkesbury from the perspective of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Tewkesbury can be bypassed if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ lawyers.
  • Many freeholders or Management Companies in Tewkesbury levy fees for supplying management packs for a leasehold property. You or your lawyers should discover 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 common reason for delay in leasehold conveyancing in Tewkesbury.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Tewkesbury state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Should you fail to have the approvals to hand do not contact the landlord without contacting your lawyer in advance.
  • 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 marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 buyers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Arranging a duplicate share certificate can be a lengthy process and frustrates many a Tewkesbury conveyancing deal. Where a duplicate share is required, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

  • Completion in due on the disposal of our £400000 apartment in Tewkesbury in just under a week. The freeholder has quoted £348 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Tewkesbury?

    For the majority of leasehold sales in Tewkesbury conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Answering pre-exchange enquiries
    • Where consent is required before sale in Tewkesbury
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Tewkesbury leasehold property is £350. For Tewkesbury 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.

    Tewkesbury Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

      The prefered form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the tenants have control and notwithstanding that a managing agent is often employed where the building is larger than a house conversion, the managing agent employed by the leaseholders. Best to be warned if window replacement or some other major work is coming up that will be shared amongst the leaseholders and may well materially impact the level of the service charges or result in a one off invoice. The answer will be important as a) areas can result in problems for the block as the communal areas may start to deteriorate where maintenance are not paid for b) if the leaseholders have a dispute with the running of the building you will wish to have all the details

    Other Topics

    Lease Extensions in Tewkesbury