Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. Leconfield is where the house is located. Is there any advice you can impart?
Flying freeholds in Leconfield are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leconfield you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Leconfield may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
In what way can the Landlord & Tenant Act 1954 affect my business premises in Leconfield and how can you help?
The particular law that you refer to gives security of tenure to commercial leaseholders, granting the a statutory right to make a request to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Leconfield is one of the hundreds of areas of the UK in which our lawyers are based
Am I better off to use a Leconfield conveyancing lawyer in close proximity to the house I am hoping to buy? I have an old university friend who can conduct the legal work however his firm is located 200kilometers away.
The primary upside of using a high street Leconfield conveyancing firm is that you can attend the office to execute documents, present your ID and apply pressure on them where appropriate. They will also have local knowledge which is a bonus. However nothing is more important than finding someone that will pull out all the stops for you. If you know people who instructed your friend and in the main were happy that should surpass using an unfamiliar Leconfield conveyancing solicitor just because they are Leconfield based.
I am a negotiator for a reputable estate agency in Leconfield where we see a few leasehold sales jeopardised as a result of short leases. I have been given contradictory information from local Leconfield conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can initiate the lease extension formalities 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. 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.
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 buyer.
I own a studio flat in Leconfield, conveyancing formalities finalised in 2011. How much will my lease extension cost? Corresponding properties in Leconfield with a long lease are worth £201,000. The average or mid-range amount of ground rent is £45 charged once a year. The lease runs out on 21st October 2090
With only 65 years left to run the likely cost is going to be between £13,300 and £15,400 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.
I need to review costs for conveyancing in Leconfield from various lawyer and appoint one. Am I right to tell them to hold tight until I a suitable flat to buy.
You should wait to request your conveyancer to commence work and apply for searches once the sales confirmation has been sent by the selling agent particularly as Leconfield conveyancing searches are not inexpensive.