Fixed-fee leasehold conveyancing in Turvey:

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Examples of recent questions relating to leasehold conveyancing in Turvey

I would like to rent out my leasehold flat in Turvey. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Your lease governs the relationship between the freeholder and you the flat owner; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Turvey do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I have recently realised that I have 72 years left on my lease in Turvey. I need to get lease extension but my freeholder is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to locate the lessor. In some cases an enquiry agent should be useful to try and locate and to produce an expert document to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Turvey.

What are your top tips when it comes to choosing a Turvey conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Turvey conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Turvey conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • What volume of lease extensions has the firm carried out in Turvey in the last year?
  • Can they put you in touch with client in Turvey who can give a testimonial?

  • Can you provide any top tips for leasehold conveyancing in Turvey with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Turvey can be avoided if you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
    • The majority landlords or Management Companies in Turvey levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack 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 frequent cause of frustration in leasehold conveyancing in Turvey.
  • A minority of Turvey leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any 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 purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle 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 will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Organising a duplicate share certificate can be a time consuming formality and slows down many a Turvey conveyancing transaction. If a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

  • Are there common defects that you see in leases for Turvey properties?

    Leasehold conveyancing in Turvey is not unique. Most leases are unique and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the building
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Leeds Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

    Turvey Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

      Please tell me if there are any major works in the near future that will likely increase the service costs? Is there a share of the freehold? On the whole the cost for major works are not incorporated into the service charges, albeit that a few managing agents in Turvey ask leaseholders to pay into a reserve fund created for the specific purpose of establishing a fund for major works.

    Other Topics

    Lease Extensions in Turvey