Guaranteed fixed fees for Leasehold Conveyancing in Westbury Park

When it comes to leasehold conveyancing in Westbury Park, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your lender is to be Clydesdale , RBS or Bradford & Bingley be sure to choose a lawyer on their panel. Find a Westbury Park conveyancing lawyer with our search tool

Top Five Questions relating to Westbury Park leasehold conveyancing

I am in need of some leasehold conveyancing in Westbury Park. Before I get started I want to be sure as to the remaining lease term.

Assuming the lease is registered - and almost all are in Westbury Park - 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.

Helen (my wife) and I may need to rent out our Westbury Park garden flat for a while due to a career opportunity. We used a Westbury Park conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

A lease dictates the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Westbury Park do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I've recently bought a leasehold property in Westbury Park. Am I liable to pay service charges relating to a period prior to completion of my purchase?

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 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).

What are your top tips when it comes to finding a Westbury Park conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Westbury Park conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Westbury Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • If the firm is not ALEP accredited then why not?
  • How many lease extensions have they conducted in Westbury Park in the last year?

  • Do you have any top tips for leasehold conveyancing in Westbury Park with the purpose of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Westbury Park can be bypassed where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers conveyancers.
    • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Westbury Park state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the consents in place you should not communicate with the landlord without contacting your lawyer in advance.
  • Some Westbury Park leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 buyers or their solicitors.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Organising a replacement share certificate can be a lengthy process and slows down many a Westbury Park home move. If a duplicate share certificate is needed, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but you should verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

  • Leasehold Conveyancing in Westbury Park - Examples of Queries before buying

      You will want to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues like the upkeep of the communal areas. You should not be afraid to ask other tenants what they think of their management. On a final note, investigate as to the dates that the service charges are due to the appropriate party and specifically what it includes. Who is in charge of the building? How many of the leaseholders are in arrears for their maintenance charge payments?

    Other Topics

    Lease Extensions in Westbury Park