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Bedminster leasehold conveyancing Example Support Desk Enquiries

I am on look out for some leasehold conveyancing in Bedminster. Before diving in I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and most are in Bedminster - 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.

Expecting to exchange soon on a studio apartment in Bedminster. Conveyancing solicitors inform me that they will have a report out to me next week. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Repair and maintenance of the flat
  • 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 premises 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
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Bedminster please enquire of your solicitor in advance of your conveyancing in Bedminster

    • I am a negotiator for a long established estate agent office in Bedminster where we see a number of leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Bedminster conveyancing solicitors. Can you confirm whether the vendor of a flat can instigate the lease extension process 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have 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 prior to, or at the same time as completion of the disposal of the property.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 buyer.

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

    When appointing a conveyancer for your lease extension (regardless if they are a Bedminster conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Bedminster conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • What volume of lease extensions has the firm conducted in Bedminster in the last year?
  • What are the charges for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Bedminster from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Bedminster can be bypassed if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers representatives.
    • Many landlords or Management Companies in Bedminster charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Bedminster.
  • A minority of Bedminster leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Organising a replacement share certificate is often a time consuming formality and slows down many a Bedminster conveyancing deal. If a new share certificate is required, do contact the company officers 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 it would be wise to double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Bedminster - A selection of Questions you should ask before Purchasing

      Are any of leasehold owners in dispute over their service charge payments? It is important to be aware if window replacement or some other major work is anticipated to be shared amongst the leasehold owners and may well materially impact the level of the maintenance costs or result in a one off invoice. How long is the Lease?

    Other Topics

    Lease Extensions in Bedminster