Fixed-fee leasehold conveyancing in Werrington:

When it comes to leasehold conveyancing in Werrington, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , Birmingham Midshires or Bradford & Bingley make sure you find a lawyer on their approved list. Find a Werrington conveyancing lawyer with our search tool

Questions and Answers: Werrington leasehold conveyancing

I am intending to sublet my leasehold flat in Werrington. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your last Werrington conveyancing solicitor is not around you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

I've recently bought a leasehold house in Werrington. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

I work for a reputable estate agent office in Werrington where we have witnessed a few flat sales derailed due to short leases. I have received contradictory information from local Werrington conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as 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. The benefit of this is that the proposed purchaser can avoid having 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 before, 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 purchaser.

What are your top tips when it comes to appointing a Werrington conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Werrington conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Werrington 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 useful:

  • How experienced is the practice with lease extension legislation?
  • How many lease extensions has the firm completed in Werrington in the last twenty four months?

  • We expect to complete our sale of a £225000 maisonette in Werrington next week. The landlords agents has quoted £408 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Werrington?

    Werrington conveyancing on leasehold apartments more often than not involves the buyer’s solicitor submitting enquiries for the landlord to address. Although the landlord is not legally bound to respond to these enquiries the majority will be content to do so. They are entitled levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration charges, without which the charge is not strictly payable. In reality one has little option but to pay whatever is demanded should you wish to sell the property.

    Leasehold Conveyancing in Werrington - A selection of Queries Prior to Purchasing

      Be sure to find out if the the lease contains any onerous restrictions in the lease. By way of example some leases prohibit pets being permitted in in a block in Werrington. If you love the flatin Werrington but your cat is not allowed to move with you then you will be faced difficult determination. It would be wise to discover as much as possible concerning the company managing the building as they will either make your life much simpler or uncomfortable. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters like the tidiness of the communal areas. Ask other tenants whether they are happy with their management. Finally, find out the dates that the maintenance charges are due to the managing agents and specifically how they are spending the funds. Where a Werrington lease has no more than 80 years it will impact the marketability of the property. It is worth checking with your lender that they are happy with the length of the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would need to own the premises for 24 months in order to be legally able to exercise a lease extension.

    Other Topics

    Lease Extensions in Werrington