Batley leasehold conveyancing Example Support Desk Enquiries
There are only 62 years left on my flat in Batley. I am keen to extend my lease but my freeholder is missing. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the lessor. For most situations an enquiry agent may be helpful to try and locate and prepare a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court covering Batley.
I am hoping to exchange soon on a garden flat in Batley. Conveyancing lawyers 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 Batley should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
I own a leasehold flat in Batley. Conveyancing and Barnsley Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Batley who acted for me is not around.Do I pay?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Batley conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What advice can you give us when it comes to finding a Batley conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Batley conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Batley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- How experienced is the firm with lease extension legislation?
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £350000 garden flat in Batley on Wednesday in a week. The managing agents has quoted £348 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Batley?
Batley conveyancing on leasehold flats more often than not requires the purchaser’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to assist. They are entitled levy a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some cases it exceeds £800. The administration charge levied by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded should you wish to sell the property.
Batley Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
-
Make sure you discover if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being permitted in in a block in Batley. If you like the flatin Batley however your cat is not allowed to live with you then you have a very hard determination.
Many Batley leasehold apartments will be liable to pay a service bill for the upkeep of the block levied on behalf of the management company. Where you acquire the apartment you will have to pay this amount, normally periodically throughout the year. This can differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge to be met yearly, normally this is not a significant sum, say approximately £50-£100 but you need to check it because occasionally it can be many hundreds of pounds.
This information is useful as a) areas may result in problems in the building as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have a dispute with the running of the building you will want to have complete disclosure
Other Topics