Leasehold Conveyancing in Cheltenham - Get a Quote from the leasehold experts approved by your lender

Get a Quote

While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Cheltenham, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Cheltenham leasehold conveyancing

I am in need of some leasehold conveyancing in Cheltenham. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Cheltenham - 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.

I own a leasehold flat in Cheltenham. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Cheltenham who acted for me is not around.Any advice?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Cheltenham conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a two flats in Cheltenham both have approximately 50 years left on the leases. Do I need to be concerned?

There are plenty of short leases in Cheltenham. The lease is a right to use the property for a prescribed time frame. As a lease gets shorter the marketability of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this arena

Can you provide any advice for leasehold conveyancing in Cheltenham from the perspective of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Cheltenham can be bypassed where you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers conveyancers.
  • The majority landlords or Management Companies in Cheltenham charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Cheltenham.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Cheltenham leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such works. Where you fail to have the paperwork in place you should not contact the landlord without contacting your lawyer in the first instance.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Arranging a duplicate share certificate is often a time consuming process and frustrates many a Cheltenham conveyancing deal. If a new share is required, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but you should double-check by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • What are the common defects that you see in leases for Cheltenham properties?

    There is nothing unique about leasehold conveyancing in Cheltenham. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to pull out.

    Cheltenham Leasehold Conveyancing - Examples of Queries Prior to buying

      This question is important as a) areas can cause problems in the building as the communal areas may start to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the running of the building you will want to know about it Are there any major works in the planning that will likely increase the maintenance costs? Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Cheltenham