I am in need of some leasehold conveyancing in Whitley Bay. 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 99.9% are in Whitley Bay - 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.

Frank (my husband) and I may need to let out our Whitley Bay garden flat temporarily due to taking a sabbatical. We used a Whitley Bay conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Whitley Bay do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

What advice can you give us when it comes to finding a Whitley Bay conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Whitley Bay conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Whitley Bay conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How experienced is the firm with lease extension legislation?

What volume of lease extensions have they conducted in Whitley Bay in the last 12 months?

Do you have any advice for leasehold conveyancing in Whitley Bay with the purpose of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Whitley Bay can be reduced if you appoint lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
• The majority freeholders or Management Companies in Whitley Bay charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding 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 reason for frustration in leasehold conveyancing in Whitley Bay.

Some Whitley Bay leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is 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.

If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and delays many a Whitley Bay conveyancing transaction. If a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

You believe that you know the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the disposal of our £250000 apartment in Whitley Bay in nine days. The managing agents has quoted £372 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Whitley Bay?

Whitley Bay conveyancing on leasehold maisonettes usually involves administration charges levied by managing agents :

• Answering pre-exchange questions
• Where consent is required before sale in Whitley Bay
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Whitley Bay leasehold property is £350. For Whitley Bay 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 answers.

I own a 1 bedroom flat in Whitley Bay, conveyancing having been completed half a dozen years ago. Can you work out an approximate cost of a lease extension? Similar properties in Whitley Bay with an extended lease are worth £167,000. The ground rent is £50 charged once a year. The lease expires on 21st October 2082

With 57 years unexpired we estimate the price of your lease extension to span between £25,700 and £29,600 plus professional fees.

The figure above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Whitley Bay