Battlesbridge leasehold conveyancing Example Support Desk Enquiries
I only have 68 years unexpired on my flat in Battlesbridge. I now wish to extend my lease 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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the lessor. For most situations an enquiry agent may be helpful to try and locate and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Battlesbridge.
I today plan to offer on a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Battlesbridge. Conveyancing lawyers have are about to be appointed. Will they explain the issues?
The majority of houses in Battlesbridge 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. It is clear that you are buying in Battlesbridge in which case you should be looking for a Battlesbridge conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.
I am employed by a busy estate agency in Battlesbridge where we have witnessed a number of flat sales put at risk as a result of short leases. I have been given contradictory information from local Battlesbridge conveyancing solicitors. Could you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has owned the lease 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. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
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 purchaser.
Can you offer any advice when it comes to appointing a Battlesbridge conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Battlesbridge conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Battlesbridge conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- Can they put you in touch with client in Battlesbridge who can give a testimonial?
Can you provide any top tips for leasehold conveyancing in Battlesbridge from the perspective of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Battlesbridge can be avoided if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
- Many freeholders or managing agents in Battlesbridge charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for 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 common reason for frustration in leasehold conveyancing in Battlesbridge.
Battlesbridge Conveyancing for Leasehold Flats - Sample of Queries before buying
Are there any major works on the horizon that will likely add a premium to the maintenance fees?
It would be wise to find out as much as you can about the managing agents as they can either make life much easier or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to every day issues like the upkeep of the communal areas. Ask prospective neighbours what they think of their management. Finally, be sure you understand the dates that you are obliged pay the service charge to the appropriate party and specifically what you get for your money.
How long is the Lease?