Frequently asked questions relating to Bideford leasehold conveyancing
I am in need of some leasehold conveyancing in Bideford. Before diving in I would like to find out the remaining lease term.
If the lease is registered - and most are in Bideford - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have recently realised that I have 68 years unexpired on my flat in Bideford. I need to extend my lease but my landlord is can not be found. What are my options?
On the basis that you meet the appropriate requirements, 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 enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the lessor. In some cases an enquiry agent should be helpful to carry out a search and prepare an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Bideford.
I've found a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Bideford. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Bideford ?
Most houses in Bideford are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Bideford so you should seriously consider looking for a Bideford conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should appraise you on the various issues.
What advice can you give us when it comes to finding a Bideford conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Bideford conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Bideford conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the firm with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Bideford with the intention of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Bideford can be bypassed where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Bideford leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord consenting to such changes. If you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer first.
Bideford Leasehold Conveyancing - Examples of Queries before Purchasing
The prefered form of lease structure is a share of the freehold. In this arrangement the leaseholders have control and notwithstanding that a managing agent is frequently employed where it is larger than a house conversion, the managing agent employed by the leaseholders.
Best to be warned if fixing the lift or some other major work is due in the foreseeable future that will be shared between the leaseholders and will materially impact the level of the service fees or require a specific invoice.
How much is the ground rent and service charge?