Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Berwick Upon Tweed. I need to extend my lease but my freeholder is absent. What are my options?

If you qualify, 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you have used your best endeavours to locate the freeholder. On the whole a specialist would be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Berwick Upon Tweed.

I today plan to offer on a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Berwick Upon Tweed. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Berwick Upon Tweed ?

Most houses in Berwick Upon Tweed are freehold and not 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 Berwick Upon Tweed in which case you should be shopping around for a Berwick Upon Tweed conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your lawyer should advise you fully on all the issues.

My wife and I purchased a leasehold house in Berwick Upon Tweed. Conveyancing and Barnsley Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Berwick Upon Tweed who previously acted has long since retired.Do I pay?

First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Berwick Upon Tweed conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

If all goes to plan we aim to complete the disposal of our £325000 apartment in Berwick Upon Tweed in nine days. The management company has quoted £300 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Berwick Upon Tweed?

Berwick Upon Tweed conveyancing on leasehold maisonettes often necessitates the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address such questions the majority will be content to assist. They are entitled levy a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it exceeds £800. The management information fee demanded by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, without which the charge is technically not due. Reality however dictates that one has no option but to pay whatever is demanded should you wish to sell the property.

Are there frequently found deficiencies that you come across in leases for Berwick Upon Tweed properties?

There is nothing unique about leasehold conveyancing in Berwick Upon Tweed. Most leases are unique and legal mistakes in the legal wording can result in certain sections are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Virgin Money, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

Berwick Upon Tweed Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

How many of the leaseholders are in arrears for their maintenance charge payments? Where a Berwick Upon Tweed lease has fewer than eighty years it will affect the salability of the flat. Check with your bank that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will almost definitely require a lease extension at some point and you need to have some idea of what this will be. For most Berwick Upon Tweedlease extensions you would be be obliged to have owned the premises for two years in order to be entitled to extend the lease. Are there any major works in the planning that will likely add a premium to the maintenance costs?

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Lease Extensions in Berwick Upon Tweed