Questions and Answers: Aberbargoed leasehold conveyancing
I am in need of some leasehold conveyancing in Aberbargoed. Before diving in I would like to find out the number of years remaining on the lease.
Assuming the lease is registered - and most are in Aberbargoed - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
There are only 72 years remaining on my flat in Aberbargoed. I now want to extend my lease but my landlord is can not be found. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases an enquiry agent may be helpful to try and locate and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Aberbargoed.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Aberbargoed. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
The majority of houses in Aberbargoed are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Aberbargoed in which case you should be shopping around for a Aberbargoed conveyancing practitioner and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should report to you on the legal implications.
Last month I purchased a leasehold property in Aberbargoed. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
We expect to complete our sale of a £500000 apartment in Aberbargoed in 10 days. The management company has quoted £420 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Aberbargoed?
For most leasehold sales in Aberbargoed conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Answering pre-contract enquiries
- Where consent is required before sale in Aberbargoed
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Aberbargoed - Sample of Queries before buying
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The prefered form of lease arrangement is if the freehold reversion is owned by the leaseholders. In this scenario the lessees enjoy control and even though a managing agent is usually retained where it is larger than a house conversion, the managing agent retained by the leaseholders.
Are any of leasehold owners in arrears of their service charge payments?
Please note that where the lease has fewer than eighty years it will affect the value of the flat. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will need to own the property for 24 months before you are entitled to extend the lease.
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