business plan

notice of assignment and charge leasehold

Help improve this site by giving your feedback

Issue a notice of assignment or charge on your leasehold property

Transactions such as sales and remortgages require a notice of assignment, or transfer, and/​or charge being served to us. Your lease says we must be told about this.

Costs for this service

What you need to know...

Notice of assignment (transfer).

When a lease is sold or passed to someone else it’s known as an assignment to the new owner or owners. The lease says that the council must be told about this.

If you've recently sold your property it is the responsibility of the buyer's solicitor to send us a notice of transfer and pay the fee so that we can update our records. The notice should be issued by the seller's solicitor within one month.

Notice of charge

This is a notice confirming that a mortgage has been secured as a charge against the land registry. This notice should be served alongside the notice of transfer if you are registering a purchase.

You'll also need to issue a notice of charge if you:

Do it online

Pay for a notice of assignment

Pay for a notice of charge

Pay for a notice of assignment and charge

Notice of assignment and charge

Transactions such as sales and remortgages of leasehold properties require formal notices that must be served to the council.

Notice of assignment

After a leasehold property has been sold, the new leaseholder's solicitor must send us a formal notice of assignment confirming the lease has been transferred within a month of the sale. This is known as a notice of assignment. 

Notice of charge

If the leasehold property also has a mortgage, the new leaseholder's solicitor must also send us a formal notice confirming that a mortgage has been secured as a charge against the land registry. This is known as a notice of charge.

You'll also need to issue a notice of charge if you:

You can send us a formal notice of assignment and charge and pay the fee online.

Liverpool City Council logo

Issue a notice of assignment, sub-letting or charge on a leasehold property

Transactions such as sales, sub-lettings and charges (re-mortgages) need a notice of assignment, sub-letting or transfer and/or charge being served to us, as landlord.

In certain circumstances you will need our consent  before you issue a notice – the clauses set out in your lease will tell you what our requirements are.

Notice of assignment

If you have recently sold your leasehold property this means that you have assigned the lease to someone else.

It is the responsibility of the buyer’s solicitor to send us a notice of transfer and pay the fee so that we can update our records. The notice should be issued by the buyer’s solicitor within one month.

Notice of sub-letting

If your lease allows you to sub-let your property, this means that you can grant an underlease to someone else. It is the responsibility of the buyer’s solicitor to send us a notice of sub-letting, a copy of the sub-lease and pay the fee so that we can update our records. The notice should be issued by the buyer’s solicitor within one month.

Notice of charge (re-mortgage)

This is a notice confirming that a mortgage has been secured as a charge against the property. This notice should be service alongside the notice of assignment if you are also registering a purchase.

You will also need to issue a notice of charge if you:

Costs for this service

In most cases, your lease will stipulate the amount you need to pay. Please check before issuing your notice.

If your lease doesn't stipulate the amount, the standard fee per notice is £80. For example, if you wish to serve notice for an assignment and charge, the standard fee would be £160. 

You should seek independent legal advice if you are unsure about what is required.

How to issue and pay for a notice

You can do this online by completing the form below. Depending on the type of notice, you will need to upload a copy of the notice of charge or sub-lease, and a copy of the council’s consent, if this is required.

Issue notice and pay

Read our privacy notice which tells you how we use your data .

What happens next?

Once we have received your notice, we will review it and contact you within 28 working days. 

https://freeconveyancingadvice.co.uk/

Sale & Purchase

Remortgages & transfers, diy conveyancing / general.

Quote Request

Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.

Pre-Exchange

Post-Exchange

Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.

Remortgages

Transfers & Gifts

So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.

Information

General Guides

A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.

Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.

Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.

Professional Services

Documents & resources.

Notice of Assignment & Charge

When buying a leasehold property it is generally a term of the lease that a notice must be served on the landlord on completion confirming the change of ownership and if the buyer has mortgaged the property, confirming this and giving details of the new owner and if applicable, the mortgage lender. Although you should always refer to any instructions given by the landlord or contained in the lease, this template should enable you to ensure that the landlord is provided with all of the information which it requires to update its records.

You can subscribe to gain full access to all of our documents / guides and members benefits including Notice of Assignment & Charge. Alternatively, you can purchase for a one off fee.

When you click Subscribe, you will be taken to PayPal Screen to complete Payment. NO ACCOUNT is needed.

You will return to our site to gain FULL access of all the resources and ability to ask specific questions.

Annual subscriptions have full access and do not automatically rebill. Monthly subscriptions have full access and automatically rebill after the period of subscription that is chosen (i.e.1,3,6 months)

Account Information

Personal information, subscription options.

notice of assignment and charge leasehold

Popular Searches

Your use of this website is subject to our  terms and conditions . By continuing to use this website you agree to be bound by the terms and conditions and we recommend that you read them carefully before proceeding. This site is owned and operated by DGPS Partnership LLP (“DGPS”). DGPS is not a firm of lawyers nor are the partners authors or employees legally qualified. This website does not constitute legal advice and should not be treated as such.

notice of assignment and charge leasehold

Copyright © 2016 Free Conveyancing Advice. All rights reserved.

notice of assignment and charge leasehold

Search site

Contact our office

Make an enquiry

Charges when Selling or Buying Leasehold Property

When you buy, own or sell a Leasehold property, many of your rights and obligations will be set out in your lease. One of your obligations will be to make certain payments to the person or the organisation responsible for administering and managing your building. That person might be a landlord, a management company, or a managing agent instructed by the landlord or management company (referred to below as "the landlord"). The typed of payments or charges can be divided into three groups. They are:

Ground Rent

Your lease may provide for you to make regular payments of ground rent as well as service charges. Although the lease may initially oblige you to pay a fixed amount of ground rent, it may also contain a clause which allows the landlord to increase the rent in years to come. When buying a leasehold property you should always ask your conveyancer to explain if there are any rent review clauses in your lease and explain what this would mean to you in financial terms.

Service Charge

Service charges normally vary according to the amount that is spent by the landlord each year on the upkeep of the building as a whole, including for example, cleaning the communal areas, gardening, maintaining and renewing the structure of the building (including the roof), building insurance. Usually, the lease will oblige you to pay a fixed percentage or a "reasonable proportion" of that amount. You should ask your conveyancer how the service charge is calculated, what it covers and whether the landlord has any plans for expensive remedial works to be carried out to the building for which you will be responsible.

Administration Charges

The landlord is likely to make an administration charge if you ask for a service connected with the buying or selling of a leasehold property. The following are examples of these charges you may have to pay,

When you are selling

1. Sellers leasehold pack: When you are selling a leasehold property it will be your responsibility to pay the landlord's charge to provide a Sellers leasehold pack (usually in the form of a Form LPE1) to provide the leasehold information required by your buyer and their lender.

2. Licence to Assign: It is possible that your lease requires you to obtain a licence from the landlord to sell the property. This involves the landlord approving the buyer as a new owner of the property. You may have to pay both the landlord's and landlord's solicitors charges for consenting to the sale and providing the Licence.

3. Exit or Transfer Fee: A retirement flat lease may include an "exit" or "transfer fee" payable by you from the sale proceeds and expressed as a percentage of the property value.

When you are buying

1. Deed of Covenant: Some leases require a buyer to enter into a Deed with the landlord to confirm that you will be bound by the terms of the lease. The buyer has to pay this charge.

2. Notice of Assignment of Transfer and Charge: The landlord will require that a notice is sent to them notifying of the change of ownership and any mortgage lender. This is to ensure that the landlord has your contact details (these may be different from the address of the property you have purchased) for the purpose of sending you ground rent and service charge invoices, and details of works to be carried out to the building.

3. Certificate of Compliance: The landlord may be required to provide this to confirm to the Land Registry that the change of ownership requirements in the lease have been complied with.

4. Share or Membership Transfer Charge: If you are required to become a member of the Management Company then the landlord may make a charge to transfer the share or membership certificate into your name.

To ensure that you are aware of the above charges and procedures, when you are selling or buying leasehold property, you should ask your conveyancer to review the lease and property title at an early stage.

Hughes Paddison has an experienced residential property team who are able to advise on all aspects of leasehold conveyancing whether you are selling or buying. Please contact our residential property team, we will spend time discussing any queries you have concerning the leasehold property you are buying or selling, and provide you with a conveyancing quote.

The information contained on this page has been prepared for the purpose of this blog/article only. The content should not be regarded at any time as a substitute for taking legal advice.

Latest News

Commercial expertise boosted with new appointments, exciting expansion for one of gloucestershire's largest family law teams.

Building on an exceptional reputation for client service, Hughes Paddison continues to expand its Family Team – making it the largest in Gloucestershire.

Following a successful recruitment drive, we’ve taken on a significant number of both family legal experts and support staff to ensure we can maintain the professional, personable service our clients have come to expect. 

Fantastic news for our Family Team

We are delighted to announce that Marcus Crawley has recently been appointed an Associate Solicitor in the Family Law Team, here at Hughes Paddison. With one of the largest Family Departments in Gloucestershire, Marcus is looking forward to helping even more families across the county and beyond, often when they are facing some of life’s toughest challenges. What does it take to become an Associate at Hughes Paddison, one of Cheltenham’s burgeoning law firms? We caught up with Marcus, who was still brimming with pride and excitement, and here’s what he had to say.

What our clients say

“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.” – Commercial Director, Ferroli Limited
“Whilst constantly demonstrating his consummate professionalism and occasional wry sense of humour David has at all times supported me and acted in my best interests resulting in a successful financial settlement and my divorce.” – V
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.” – R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and I’m so grateful that I was fortunate enough to have had Marcus recommended to me when I did.” – R
“When you use a solicitor its usually in times of need, when you require expert advice and reassurance. This is exactly what our company has received from Hughes Paddison Solicitors and in particular Kimberly Whalen-Blake. Not only is Kimberly extremely well informed and professional; she is also personable and easy to communicate with. She responds to messages and emails promptly and goes over and above to assist. I would have no hesitation in recommending her services; and in the future, if necessary, I will definitely be calling on her expertise. ” – S - UK Parking Design
“ Hughes Paddison came highly recommended and they were not wrong. I am so glad I appointed Kim to represent me. It was a really difficult time and Kim swiftly and  compassionately cut through to the crux of the issue and gave me such clear and great advice immediately. The outcome achieved was truly the best for myself and the organisation and avoided more stress for all parties involved, as it was solved very quickly. Most importantly for me,  Kim handled the negotiations. The relief of handing this over to someone I completely trusted made a horrible situation much better. Many thanks to Kim and HP.” – Anon

Clicking the Accept All button means you are accepting analytics and third-party cookies ( check the full list ). We use cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click Settings.

Our use of cookies.

You can learn more detailed information in our Privacy Policy

Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences.

Essential Cookies

These cookies enable core website functionality, and can only be disabled by changing your browser preferences.

Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.

Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site.

notice of assignment and charge leasehold

Send your query

Ask ashworths about: the hidden cost of owning a leasehold property.

When you make your offer for a leasehold flat most people will factor in regular costs that they have to pay to their freeholder or management company by way of service charges. Some will even remember that they need to pay an annual ground rent on top.  However, there is another raft of expenses that are a hidden peril of owning a leasehold – and those are the administrative costs of selling the property.

Without exaggeration, these costs have been known to amount to over £1,000 so whilst there may not be a great deal that you can do about it, it is good to know what sort of costs you may be faced with.

The management pack

As solicitors, one of the first things that we do when instructed to sell a leasehold property is to request “the management pack” from either the freeholder or the managing agents.  This pack contains all of the information that a purchaser will need about the management of the flat, including:

However good a leaseholder’s record keeping, it is unlikely that they will have all of the documentation in their own possession and the process of requesting the management pack from a third party has become almost automatic.

Professional firms of managing agents earn a significant part of their income from charging for management packs.  Fees of around £500 are becoming increasingly common.

Trap 1 – If the property is managed by one company and owned by another company (who collects the ground rent) you may need to pay for two separate packs.
Trap 2 – Even if you own a share in freehold , the person who deals with day-to-day administration may charge a fee for collating the information and sending it through.

Licence to assign fees

Some leases, but by no means all, contain a provision that require an outgoing tenant to obtain their freeholder’s consent to them selling their lease.  This “Licence to Assign” will generally be produced by the freeholder’s solicitor who, you guessed it, will charge for producing the licence which will eventually need to be signed by the seller, the freeholder and the buyer.

Licence to assign fees can be as much as £750, and of course will be subject to VAT (which few individual purchasers can reclaim).

Because it is the seller that is obliged to obtain their freeholder’s consent, it is usually the seller that ends up paying for the cost of obtaining it.

Deed of covenant fees

Whilst rarely needed at the same time as entering into a Licence to Assign, some leases require an incoming tenant or purchaser to enter into a direct contract with the freeholder or management company to pay service charges and otherwise to observe the provisions of the lease – “a Deed of Covenant”.

Trap 3 – Very often the wording of the requisite Deed of Covenant is set out at the back of the lease, but this will rarely stop a freeholder or managing agent charging to supply the necessary document.

Who pays for a Deed of Covenant will often be the subject of negotiation between a buyer and seller.

Notice fees

Nearly all leases contain a provision requiring a purchaser to serve a formal notice on the freeholder after they have completed their purchase.  Usually the freeholder needs to be notified of both the fact that the lease has changed hands (or, more technically, that there has been “an assignment”) as well as the fact that there is a new mortgage on the property (a “notice of charge”).

Some freeholders are very happy to accept notice of assignment and notice of charge on a single document and to charge a single, nominal fee.  Other freeholders see these notices as yet another revenue stream and £100 plus VAT for each notice is not uncommon.

Notice fees will nearly always fall for the purchaser to pay.

Share transfer fee

Another cost usually picked up by the purchaser are the fees paid to the managing agent or freeholder for transferring the share certificate in the management company from the name of the seller into the name of the buyer.  This can be another £100 or more.

Freehold estates

Whilst this note has been prepared in the context of the transfer of a flat, on some larger, newer developments where an estate charge or rent charge is made a similar raft of charges might be charged by the managing agents or roads association or similar.

We are happy to discuss your requirements with you and to advise in general terms on all aspects of the transaction and the estimated legal cost. Please either contact us by telephone or email us at: info[email protected]

Latest News

Stepping in to what, ground rents, the ‘unknown’ costs of leasehold properties, cladding – part 2 of a two part update.

notice of assignment and charge leasehold

Notice of assignment or transfer

Practical law uk standard document 4-101-6041  (approx. 5 pages).

IMAGES

  1. NOTICE (Assignment of Debt)

    notice of assignment and charge leasehold

  2. Sample Lease Deed Format

    notice of assignment and charge leasehold

  3. Room Rental Agreement Form Download Fillable PDF

    notice of assignment and charge leasehold

  4. fl termination Doc Template

    notice of assignment and charge leasehold

  5. leaseagreement (1)

    notice of assignment and charge leasehold

  6. Fill, Edit and Print Assignment of Lease from Lessor with Notice of Assignment Form Online

    notice of assignment and charge leasehold

VIDEO

  1. Should Lease Payments assumed to be at the Start of End of Each Year? #IND AS 116

  2. Lake Tahoe (Black Bear)

  3. NSOU PG Assignment Notice Publish || nsou pg assignment 2022 || nsou

  4. Monster Hunter Rise Sunbreak

  5. APN 'Legal Helpline' Laws related to General Condition of a valid contract sales deed

  6. NSOU PG 2022 Assignment Date Publish New Official Notice

COMMENTS

  1. Issue a notice of assignment or charge on your leasehold property

    This is a notice confirming that a mortgage has been secured as a charge against the land registry. This notice should be served alongside the notice of

  2. NOTICE OF ASSIGNMENT AND CHARGE OF LEASEHOLD ...

    NOTICE OF ASSIGNMENT AND CHARGE OF LEASEHOLD PROPERTY. To: The Landlord. Name and address of landlord: (and all others who it may concern):. The Lender:.

  3. Notice of assignment and charge

    After a leasehold property has been sold, the new leaseholder's solicitor must send us a formal notice of assignment confirming the lease has been transferred

  4. Issue a notice of assignment, sub-letting or charge on a leasehold

    Notice of assignment ... If you have recently sold your leasehold property this means that you have assigned the lease to someone else. It is the responsibility

  5. Notice Of Assignment & Charge

    When buying a leasehold property it is generally a term of the lease that a notice must be served on the landlord on completion confirming the change of

  6. Notice of Assignment and/or Charge of Leasehold Property

    we, us and our means Fleet Mortgages Limited of 2nd Floor, Flagship House, Reading Road North,. Fleet, Hampshire, GU51 4WP (registered in England and Wales

  7. Leasehold Properties: Additional Costs We are often asked if there

    Notice of Assignment/Charge: In many Leases there is a requirement for a buyer to pay a Notice fee – your solicitor will serve the notice on the.

  8. Charges when Selling or Buying Leasehold Property

    2. Notice of Assignment of Transfer and Charge: The landlord will require that a notice is sent to them notifying of the change of ownership and

  9. Hidden Cost Of Owning A Leasehold Property

    Some freeholders are very happy to accept notice of assignment and notice of charge on a single document and to charge a single, nominal fee.

  10. Notice of assignment or transfer

    Notice to a landlord of the assignment or transfer of a lease. Draft document. Answer a series of questions upfront and create a first draft in half the time