There are only Fifty years unexpired on my flat in Barnstaple. I now want to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. On the whole a specialist may be helpful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Barnstaple.

Due to exchange soon on a basement flat in Barnstaple. Conveyancing solicitors inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Barnstaple should include some of the following:

• Setting out your rights in respect of the communal areas in the building.For instance, does the lease include a right of way over an accessway or hallways?

Estate agents have just been given the go-ahead to market my 2 bed flat in Barnstaple.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – what should I do?

The sensible thing to do is discharge the invoice 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. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Barnstaple. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Barnstaple ?

Most houses in Barnstaple are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Barnstaple so you should seriously consider shopping around for a Barnstaple conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First 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 for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will report to you on the legal implications.

I work for a reputable estate agent office in Barnstaple where we have experienced a few flat sales derailed as a result of short leases. I have been given contradictory information from local Barnstaple conveyancing solicitors. Please can you confirm whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Barnstaple Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

Is anyone aware of any major works in the near future that will likely add a premium to the maintenance charges? The majority of Barnstaple leasehold properties will have a service charge for maintenance of the building set by the landlord. If you purchase the flat you will have to meet this charge, normally periodically during the year. This can be anything from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge to be met annual, this is usually not a significant figure, say around £50-£100 but you should to enquire it because on occasion it can be surprisingly expensive. Make sure you enquire if the the lease contains any unreasonable restrictions in the lease. For instance it is reasonably common in Barnstaple leases that pets are not permitted in certain buildings in Barnstaple. If you love the propertyin Barnstaple but your dog is not allowed to live with you then you will be faced difficult decision.

Other Topics

Lease Extensions in Barnstaple