Guaranteed fixed fees for Leasehold Conveyancing in Silsoe

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

Silsoe leasehold conveyancing: Q and A’s

I have just appointed agents to market my garden apartment in Silsoe.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge the invoice 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

My wife and I purchased a leasehold flat in Silsoe. Conveyancing and Skipton Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Silsoe who acted for me is not around.Any advice?

First contact HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Silsoe conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a reputable estate agent office in Silsoe where we see a number of leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Silsoe conveyancing solicitors. Can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is 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 purchaser.

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

When appointing a property lawyer for lease extension works (regardless if they are a Silsoe conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Silsoe conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

  • Can they put you in touch with client in Silsoe who can give a testimonial?
  • What are the costs for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Silsoe from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Silsoe can be avoided where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Silsoe state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord approving such changes. Should you dont have the paperwork to hand you should not contact the landlord without contacting your lawyer first.
  • Some Silsoe leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Organising a duplicate share certificate is often a lengthy formality and frustrates many a Silsoe conveyancing deal. Where a duplicate share is needed, you should approach the company officers 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 advisable verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Silsoe - Examples of Questions you should consider Prior to Purchasing

      On the whole the cost for major works are not incorporated into the maintenance charges, albeit that a few managing agents in Silsoe obliged tenants to pay into a reserve fund created for the specific intention of establishing a fund for major repairs or maintenance. What is the maintenance charge and ground rent on the flat? Are there any major works on the horizon that will likely add a premium to the maintenance charges?

    Other Topics

    Lease Extensions in Silsoe