At Rotheras our conveyancing team have a wealth of experience in dealing with various leasehold transactions and can assist and advise you on the following:
Purchases and Sales
Compared to buying a freehold property where you own both the property and the land on which it stands, buying a leasehold means you own the property but the land it is built on is owned by the freeholder.
If you are considering buying a leasehold property we can check the terms of the lease for you, including how many years are left on the lease, the ground rent and additional charges and any restrictions. We can also check the legal title documents sent by the seller’s solicitor and can carry out all appropriate searches.
In terms of selling a leasehold property, there can be more paperwork involved than selling a freehold house, and at Rotheras we can guide and assist you with providing all the information the buyer’s solicitor will need to reduce the number of queries they come back with and ensure the process runs smoothly and efficiently.
If the current lease on the property is short, we can also help with making it easier to sell by advising you on the options of extending the lease or purchasing the freehold (see below).
If you have owned the leasehold on a property for more than two years then you are eligible to extend the lease. Typically flats tend to have a lease term of between 99 and 125 years, and it is often advisable to extend the lease sooner rather than later, otherwise the cost of doing so becomes greater. Extending the lease is also a great way of retaining the value of the property and makes it more saleable if you decide to remortgage.
Where an agreement has been reached between the leaseholder and landlord or freeholder to extend the lease our conveyancing team can deal with the paperwork for the extension as well as approve the deed confirming the extension and register the extension with the Land Registry.
Purchase of Freehold
Buying the freehold on a leasehold property, also known as leasehold enfranchisement, has a number of benefits. Not only does it mean you can live in the property for as long as you wish, but it also means you can make changes to the land and property without having to consult the landlord and it can make the property more appealing to buyers should you wish to sell it in the future.
At Rotheras we can help advise you on the financial and practical implications of a freehold purchase, as well as review the current terms of your lease.
Re-mortgage and Transfer of Equity
Re-mortgaging a leasehold property is the same process as with a freehold property, and involves changing the mortgage on the property by moving to a new lender. You might choose to remortgage because your current mortgage deal is coming to an end or you want to increase the amount you borrow and another lender is offering a better deal. Our conveyancing team are very experienced in remortgaging for leasehold properties and work closely with banks and building societies to ensure the process happens quickly and without hassle.
We can also advise and assist on transfer of equity for leasehold properties, where you are looking to change the legal ownership of the property without actually selling the property (see our Transfer of Equity page for more details). With a leasehold property there could be certain requirements under the lease that also need to be dealt with, as well as extra disbursements such as a notice served on the landlord, which we can also advise you on.
Taking out a shared ownership lease means you buy a share in your home and rent the remaining share at a reduced or subsidised rate, usually from a housing association through which the scheme is run.
Under the scheme you will have a lease with the housing association which details the shares in the property that you own and the housing association owns. The lease will also outline your rent amount, your obligations regarding maintaining the property and any restrictions.
At Rotheras our experienced team can assist you in buying the property and advise you on the details of the shared ownership lease, as well as offer guidance on buying more shares in the property at a later date (known as staircasing).
As the leaseholder of a property, the landlord, who may also be the freeholder, will often charge you ground rent, which is a sum payable to the freeholder to occupy the land a leasehold property is built on, as well as service charges which cover the cost of services including general maintenance and repairs, building insurance and heating and lighting.
In unfortunate cases leaseholders can find themselves at the mercy of their landlord, who may decide to increase the ground rent or service charge at any time or fail to manage the property adequately. As a result it is not surprising that disagreements can arise between the leaseholder and landlord.
Why use Rotheras for leasehold property transactions?
You will be assigned a dedicated team member who will handle your case from start to finish and provided with their direct contact details.
We have four offices across Nottingham where you can see a member of our conveyancing team.
We can review a lease and its terms and advise you of your leasehold rights before you enter into any agreement
We will be upfront and transparent about costs so there are no hidden/extra charges.
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Head of Conveyancing
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
My previous dealings with Rotheras have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rotheras as my solicitors. Thank you.
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Michelle Young is a residential property specialist and heads up the residential property team at Nottingham-based law firm Rotheras Solicitors.
Jo Goddard has over 20 years experience specialising in all aspects of residential conveyancing and regularly acts for clients on sales, purchases, remortgages and transfers of equity and is part of one of the largest conveyancing teams across the East Midlands.
Emily Weston is as a Senior Associate Solicitor in the Residential Conveyancing team and is based primarily at our Beeston office.
Joanna Merriman in Associate Solicitor in our Conveyancing department. Joanna is based at our Head Office in the Lace Market.
Lucy Pettitt has amassed over 12 years of experience in all aspects of Conveyancing.
Kerry Brown is a residential property specialist at Nottingham-based law firm Rotheras Solicitors.
Sally is our first point of contact for any new conveyancing enquiries that come in to the department and provides a bespoke quoting service for prospective clients, estate agents and other referrers of work.
Joanne Derbyshire is a Solicitor in Rotheras’ conveyancing department and is based at our Beeston office.
Hayley Drewry is a Solicitor in Rotheras’ Residential Conveyancing department and is based at our Lace Market office.
Kerry Redfern is a residential property specialist at Nottingham-based law firm Rotheras Solicitors.
Laura Smith is a Licensed Conveyancer in the residential property department at Rotheras Solicitors and is based at our Lace Market Office.
Grace Millward is a Senior Paralegal in Rotheras Residential Conveyancing department and is based at the Beeston office.
Hollie Moore is a Senior Paralegal in the Conveyancing department.
Shelby Richardson is a Senior Paralegal in Rotheras’ Conveyancing department and is based at our West Bridgford branch.
Ellie Robinson is a Senior Paralegal in the residential conveyancing department at Rotheras and is based at our West Bridgford office.
Lucy Dixon is a Paralegal in Rotheras’ Conveyancing department and is based at our Beeston branch.
Vicki Ettles is a Paralegal in the residential conveyancing department at Rotheras and is based at our Lace Market office.
Sophie Lydon is a Paralegal in Rotheras’ Conveyancing department and is based at our Lace Market office in the heart of Nottingham city centre.
Safina Metcalfe is a Paralegal based within our Residential Conveyancing department. Safina is based at our Head Office in the Lace Market.
New motoring offence of ‘Causing Serious Injury by Careless Driving’ comes into effect
As of 28 June 2022, a new offence of causing serious injury by careless or inconsiderate driving will apply. If your driving is “below” the expected and results in the “serious injury” of another, then this can be construed as causing serious injury by careless or inconsiderate driving.
Posted on 28/06/2022