Fixed-fee leasehold conveyancing in Eccles:

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

Eccles leasehold conveyancing Example Support Desk Enquiries

I only have Seventy years left on my lease in Eccles. I now want to get lease extension but my landlord is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. On the whole an enquiry agent would be useful to try and locate and prepare a report to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Eccles.

I’m about to sell my garden flat in Eccles.Conveyancing has not commenced but I have just received a half-yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

What are your top tips when it comes to finding a Eccles conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Eccles conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Eccles 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 of use:

  • If they are not ALEP accredited then what is the reason?
  • What volume of lease extensions have they conducted in Eccles in the last year?

    • Do you have any top tips for leasehold conveyancing in Eccles with the intention of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Eccles can be bypassed where you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Eccles state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such works. If you fail to have the paperwork in place do not communicate with the landlord without checking with your lawyer in the first instance.
  • A minority of Eccles 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 bank and professional references. Any bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride 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 ahead of 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 clearly preferable to present the dispute as historic rather than unresolved.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Organising a replacement share certificate can be a time consuming process and slows down many a Eccles home move. Where a reissued share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • If all goes to plan we aim to complete our sale of a £475000 maisonette in Eccles in 10 days. The management company has quoted £408 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Eccles?

    Eccles conveyancing on leasehold maisonettes normally involves the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries the majority will be content to assist. They are entitled invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee required by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded if you want to complete the sale of your home.

    Eccles Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

      What is the length of the lease? For most Eccles leaseholds the outlay for major works are not incorporated into the maintenance charges, albeit that some managing agents in Eccles ask leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for larger works. The prefered form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this scenario the lessees benefit from being in charge if their destiny and even though a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Eccles