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Barlborough leasehold conveyancing: Q and A’s

Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in Barlborough. I need to get lease extension but my freeholder is can not be found. What are my options?

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 enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you have made all reasonable attempts to track down the landlord. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Barlborough.

Planning to exchange soon on a garden flat in Barlborough. Conveyancing lawyers assured me that they report fully on Monday. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • You need to be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • 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 For details of the information to be contained in your report on your leasehold property in Barlborough please ask your lawyer in ahead of your conveyancing in Barlborough

    • I’m about to sell my 2 bed apartment in Barlborough.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – Do I pay up?

    It best that you 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 management companies 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. This will smooth the conveyancing process.

    Do you have any advice for leasehold conveyancing in Barlborough with the aim of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Barlborough can be bypassed if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
    • Many freeholders or Management Companies in Barlborough charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Barlborough.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Barlborough state that internal structural changes or laying down wooden flooring require a licence from the Landlord approving such changes. Where you fail to have the approvals to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to ongoing.
  • If you hold a share in a the freehold, you should ensure that you have the original share document. Organising a duplicate share certificate can be a lengthy process and delays many a Barlborough conveyancing transaction. If a duplicate share is needed, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

    • Are there common defects that you encounter in leases for Barlborough properties?

    Leasehold conveyancing in Barlborough is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    I own a ground floor flat in Barlborough, conveyancing formalities finalised 8 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar flats in Barlborough with an extended lease are worth £195,000. The average or mid-range amount of ground rent is £55 invoiced every year. The lease expires on 21st October 2096

    With only 75 years left to run we estimate the premium for your lease extension to be between £10,500 and £12,000 as well as legals.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Barlborough