I am in need of some leasehold conveyancing in Thornhill. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Thornhill - 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.

I would like to sublet my leasehold flat in Thornhill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Thornhill do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests 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.

I am attracted to a couple of maisonettes in Thornhill which have about 50 years left on the lease term. Do I need to be concerned?

There are plenty of short leases in Thornhill. The lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We advise that you get professional help from a solicitor and surveyor with experience in this arena

Can you provide any top tips for leasehold conveyancing in Thornhill with the aim of expediting the sale process?

• Much of the delay in leasehold conveyancing in Thornhill can be reduced where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers conveyancers.
• The majority freeholders or managing agents in Thornhill levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Thornhill.

If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Thornhill leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such works. If you fail to have the approvals to hand you should not communicate with the landlord without contacting your lawyer in advance.

A minority of Thornhill leases require Licence to Assign from the landlord. 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 bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual 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 buyers or their lawyers.

You believe that you know the number of years left on your lease but it would be wise to double-check via your conveyancers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on the sale of our £175000 garden flat in Thornhill in six days. The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Thornhill?

For most leasehold sales in Thornhill conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract questions
• Where consent is required before sale in Thornhill
• 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 Thornhill leasehold premises is £350. For Thornhill 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 supply the information.

Thornhill Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Please tell me if there are any major works anticipated that will likely increase the maintenance fees? How many years remain on the lease? It is important to be aware if fixing the lift or some other significant cost is anticipated to be shared by the leaseholders and could well dramatically increase the the maintenance fees or necessitate a one time invoice.

Other Topics

Lease Extensions in Thornhill