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Recently asked questions relating to Ashton In Makerfield leasehold conveyancing

There are only 62 years left on my lease in Ashton In Makerfield. I need to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist may be helpful to carry out a search and prepare an expert document 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 investigating the landlord’s absence and the application to the County Court overseeing Ashton In Makerfield.

Due to complete next month on a ground floor flat in Ashton In Makerfield. Conveyancing lawyers assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • You should receive a copy of the lease
  • Defining your legal entitlements in respect of common areas in the block.E.G., does the lease permit a right of way over a path or hallways?
  • You should be told what constitutes a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Ashton In Makerfield please enquire of your conveyancer in advance of your conveyancing in Ashton In Makerfield

    • I’m about to sell my ground floor flat in Ashton In Makerfield.Conveyancing has not commenced but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Ashton In Makerfield. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Ashton In Makerfield ?

    Most houses in Ashton In Makerfield are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Ashton In Makerfield so you should seriously consider shopping around for a Ashton In Makerfield conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

    Back In 2009, I bought a leasehold flat in Ashton In Makerfield. Conveyancing and Clydesdale mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Ashton In Makerfield who acted for me is not around.What should I do?

    The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Ashton In Makerfield conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Ashton In Makerfield Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

      What prohibitions are contained in the Ashton In Makerfield Lease? How much is the ground rent and service charge? The prefered form of lease arrangement is a share of the freehold. In this scenario the tenants benefit from control and although a managing agent is frequently retained if it is bigger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Ashton In Makerfield