Fixed-fee leasehold conveyancing in Whimple:

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Leasehold conveyancing in Whimple 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 Whimple and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Top Five Questions relating to Whimple leasehold conveyancing

Looking forward to complete next month on a ground floor flat in Whimple. Conveyancing lawyers have said that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Whimple should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the demise. This will be the flat itself but might include a roof space or cellar if applicable.
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Whimple please enquire of your lawyer in advance of your conveyancing in Whimple

    • Back In 2007, I bought a leasehold flat in Whimple. Conveyancing and Clydesdale mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Whimple who acted for me is not around.Do I pay?

    First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a Whimple conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am attracted to a two flats in Whimple which have in the region of forty five years unexpired on the lease term. Will this present a problem?

    There are plenty of short leases in Whimple. The lease is a right to use the property for a period of time. As a lease gets shorter the marketability of the lease decreases and results in it becoming more expensive to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this arena

    I am a negotiator for a long established estate agent office in Whimple where we see a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Whimple conveyancing solicitors. Can you clarify whether the owner of a flat can commence the lease extension formalities for the buyer?

    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. This means that the buyer need not have to wait 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 disposal of the property.

    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.

    Do you have any advice for leasehold conveyancing in Whimple from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Whimple can be reduced if you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers conveyancers.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Whimple state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord approving such alterations. Should you fail to have the paperwork to hand do not contact the landlord without checking with your solicitor 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 put on the market. The buyers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve 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 reveal the dispute as over rather than unsettled.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Arranging a new share certificate can be a lengthy process and frustrates many a Whimple home move. Where a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but you should double-check via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Whimple Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      You will want to discover as much as possible concerning the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to practical issues like the cleanliness of the common parts. Enquire of prospective neighbours if they are happy with them. Finally, investigate as to the dates that the service fees are due to the appropriate party and specifically what it includes. The best form of lease arrangement is a share of the freehold. In this scenario the lessees have control and although a managing agent is usually retained if the building is bigger than a house conversion, the managing agent retained by the leaseholders. Is anyone aware of any major works in the near future that will increase the maintenance costs?

    Other Topics

    Lease Extensions in Whimple