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Examples of recent questions relating to leasehold conveyancing in Accrington

Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Accrington. I now want to get lease extension but my landlord is absent. What options are available to me?

If 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 Court. However, you will be required to prove that you have used your best endeavours to track down the landlord. On the whole an enquiry agent should be helpful to conduct investigations and to produce a report to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Accrington.

Due to complete next month on a ground floor flat in Accrington. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Accrington should include some of the following:

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Are pets allowed in the flat?
  • Whether your lease has a provision for a sinking fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Accrington please enquire of your lawyer in advance of your conveyancing in Accrington

    • My wife and I purchased a leasehold house in Accrington. Conveyancing and Virgin Money mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Accrington who acted for me is not around.Do I pay?

    First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Accrington conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I am attracted to a couple of apartments in Accrington both have approximately fifty years left on the lease term. Will this present a problem?

    A lease is a right to use the property for a period of time. As the lease gets shorter the saleability of the lease reduces and it becomes more costly to extend the lease. This is why it is often a good idea to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

    Do you have any top tips for leasehold conveyancing in Accrington from the perspective of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Accrington can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers solicitors.
    • Many freeholders or Management Companies in Accrington charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Accrington.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Accrington state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such changes. Should you dont have the approvals in place do not contact the landlord without checking with your lawyer before hand.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and delays many a Accrington conveyancing deal. If a duplicate share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Accrington Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

      Are any of leasehold owners in arrears of their service charge payments? Is there a share of the freehold? Make sure you investigate if the the lease includes any unreasonable restrictions in the lease. By way of example it is reasonably common in Accrington leases that pets are not permitted in certain buildings in Accrington. If you like the propertyin Accrington yet your dog is not allowed to move with you then you will be faced difficult determination.

    Other Topics

    Lease Extensions in Accrington