Leasehold Property Solicitors
If you’re buying a home, the terminology can be confusing, especially when it comes to the different ownership options. There are two main types of tenure for residential property; freehold and leasehold. Purchasing a leasehold property can be more complex than freehold but Beswicks’ conveyancing and property solicitors can help you. Our experienced property solicitors can guide you through the process and take care of all the legalities so that you can concentrate on making plans to move into your dream home.
For an informal chat about how our property solicitors can support you with a leasehold purchase, give us a call.
What is A Leasehold Property?
Leasehold means that you own the property and land for the length of the lease agreement, which may be anything from 90 to 999 years. When the lease ends, ownership returns to the freeholder unless the lease agreement is extended.
With a leasehold property, you must usually pay ground rent and service charges to the freeholder or landlord. However, on the flipside, you may have fewer personal responsibilities in relation to carrying out repair and maintenance.
Most flats and apartments are leasehold. This means you own your flat for the length of the lease but not the building it is in, and you would normally have to pay maintenance (service) charges for the upkeep of your block or building.
Houses can also be leasehold. In this case, you own the property but not the land it is built on, so you will usually be required to pay rent to the landowner.
Meet our Experienced Conveyancing Solicitors
Buying a property is exciting, but we know that it can also be a stressful experience, especially if unforeseen delays or problems occur. Our experienced residential property team will guide you through the whole process making sure your property purchase goes as smoothly as possible.
We do not believe in bulk conveyancing. Buying a property is far too important for that. That is why you will be allocated a dedicated solicitor who is only ever a phone call away should you have any questions or concerns.
We even have our own Beswicks Legal app so that you can track progress with your transaction, receive real-time alerts and updates, and view your documents securely.
What Is The Legal Process When Buying A Leasehold Property
Firstly, it is important to appoint a fully-qualified, experienced conveyancing solicitor who has extensive knowledge of leasehold when purchasing a leasehold property as they will have the knowledge and experience to deal with your transaction.
ID checks
The first thing your solicitor will ask for is proof of ID and source of funds. This is necessary to satisfy regulatory and anti-money laundering requirements.
Source of wealth and proof of funds
Solicitors are regulated and need to know how you are funding the purchase and where the funds are coming from, so will ask questions about this and seek evidence of where the funds are now and where they have come from.
Seller’s solicitor
Next we will contact your seller’s solicitor to let them know that we are acting for you and to request a copy of the draft contract and other important documents.
Searches and Enquiries
Once received, we will examine these documents, order your searches and go back to the other party’s solicitor with any questions that we might have.
Landlord/management company pack
The seller is obliged to obtain and supply an information pack from the landlord or management company and this will reveal any major works due to be carried out, whether there are any ground rent or service charge arrears and so on.
Mortgage
If you need a mortgage, you now need to ensure this is in place. When your mortgage is approved your mortgage lender will send a copy of the mortgage offer to us so that we can go through their conditions to make sure they are complied with.
Valuation and survey
Your lender will arrange a mortgage valuation, which is for their purposes only, to make sure the property is worth the same or more than the sum you are borrowing. It is always a good idea to carry out a survey of your own to make sure you have a complete picture of the condition of the property that you are purchasing. We also recommend having safety checks carried out on gas and electrical installations.
Signing the contract papers
Once all questions have been answered and search results and mortgage offer received we will invite you to sign the contract papers, either in the office or from home depending on what suits you best. We will also provide a comprehensive report outlining all pertinent points that you need to be aware of.
Exchange of contracts
Once you have signed your papers and a completion (moving date) is agreed we will seek your authority to exchange contracts and legally commit you to your purchase. Exchanging contracts is done via a telephone conversation between the seller and buyer’s solicitor and you pay a 10% deposit (this is 10% of the purchase price you are paying) when the contracts are exchanged.
Mortgage draw down
Next we request your mortgage advance from your lender to ensure we receive it in time for you to complete your purchase. We usually ensure it arrives the day before you are due to complete.
Completion
On the completion date we send the purchase monies to the seller’s solicitor and when they acknowledge receipt, your purchase is complete. The solicitor acting for the seller will authorise the estate agent to release the keys to you, so that you can make arrangements to collect them and begin the process of moving in.
Land registration
We submit an application to the Land Registry and answer any questions they may have for us. This process can take some time to complete but we will forward the updated title to you when we receive it.
Typically, the whole process takes 10-12 weeks.
Why Use A Qualified Leasehold Property Solicitor?
Buying any property, whether freehold or a leasehold property, isn’t always straightforward. If complications occur, it is important that your conveyancing solicitor is properly qualified and experienced to ensure your best interests are protected.
Always use a solicitor who is registered with the Solicitors Regulation Authority and works for a firm which has Conveyancing Quality Scheme accreditation, as all of our conveyancing solicitors have.
This provides peace of mind about the qualifications, experience and standards that are guaranteed when you instruct Beswicks Legal to handle your property purchase.
How Can We Help?
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Your questions... answered
How long does the conveyancing process take?
This tends to depend on whether the property is leasehold or freehold. If a
When should I get a conveyancing solicitor when buying a house?
It’s best to speak to solicitors when you start viewing properties or
What’s the difference between freehold and leasehold?
Freehold is the permanent and absolute tenure of land or property with the
How should I choose a solicitor for my house move?
Once you’ve accepted an offer on your property your estate agent will
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