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

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

Examples of recent questions relating to leasehold conveyancing in Cleckheaton

I am in need of some leasehold conveyancing in Cleckheaton. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and most are in Cleckheaton - 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.

Back In 2002, I bought a leasehold flat in Cleckheaton. Conveyancing and Accord Mortgages Ltd mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Cleckheaton who previously acted has now retired.Do I pay?

First contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Cleckheaton conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a busy estate agency in Cleckheaton where we see a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Cleckheaton conveyancing solicitors. Please can you confirm whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-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 wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is 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.

Can you offer any advice when it comes to choosing a Cleckheaton conveyancing firm to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Cleckheaton conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Cleckheaton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions has the firm carried out in Cleckheaton in the last year?
  • Can they put you in touch with client in Cleckheaton who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Cleckheaton with the purpose of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Cleckheaton can be bypassed where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Cleckheaton leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such works. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your solicitor in the first instance.
  • A minority of Cleckheaton 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 financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to unresolved.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a time consuming formality and frustrates many a Cleckheaton conveyancing transaction. Where a new share is needed, do contact the company officers or managing agents (where applicable) for this sooner rather than later.

    • I bought a basement flat in Cleckheaton, conveyancing was carried out 2011. How much will my lease extension cost? Equivalent properties in Cleckheaton with an extended lease are worth £235,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease ceases on 21st October 2102

    With only 77 years unexpired we estimate the price of your lease extension to range between £12,400 and £14,200 as well as professional fees.

    The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Cleckheaton