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

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When it comes to leasehold conveyancing in Flamborough, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Santander, RBS or Bradford & Bingley be sure to choose a lawyer on their panel. Feel free to use our search tool

Sample questions relating to Flamborough leasehold conveyancing

I am in need of some leasehold conveyancing in Flamborough. Before diving in I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Flamborough - then the leasehold title will always include the basic details 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 work for a long established estate agent office in Flamborough where we have experienced a few flat sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Flamborough conveyancing firms. Please can you confirm whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 finding a Flamborough conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Flamborough conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Flamborough conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • Can they put you in touch with client in Flamborough who can give a testimonial?
  • What are the charges for lease extension conveyancing?

    • Can you provide any top tips for leasehold conveyancing in Flamborough from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Flamborough can be reduced if you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
    • Many landlords or managing agents in Flamborough 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 information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Flamborough.
  • A minority of Flamborough leases require Licence to Assign from the landlord. If this is the case, it would be prudent to 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 service charge figures 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 document. Obtaining a new share certificate is often a lengthy formality and frustrates many a Flamborough conveyancing deal. Where a reissued share is needed, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is below 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • If all goes to plan we aim to complete the sale of our £350000 apartment in Flamborough in just under a week. The landlords agents has quoted £408 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Flamborough?

    Flamborough conveyancing on leasehold apartments usually necessitates the purchaser’s solicitor submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to assist. They are at liberty charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in relation to administration fees, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is requested of you should you wish to sell the property.

    Flamborough Leasehold Conveyancing - Sample of Queries before Purchasing

      Please note that where the lease has fewer than 80 years it will have adverse implications on the marketability of the property. Check with your mortgage company that they are happy with residual term of the lease. A short lease means that you will most likely require a lease extension sooner rather than later and you need to have some idea of how much this would cost. For most Flamboroughlease extensions you would need to own the residence for a couple of years before you are entitled to extend the lease. The prefered form of lease structure is a share of the freehold. In this arrangement the tenants have control and although a managing agent is frequently retained where it is larger than a house conversion, the managing agent employed by the leaseholders. Is the freehold owned jointly by the tenants?

    Other Topics

    Lease Extensions in Flamborough