Top Five Questions relating to Billingham leasehold conveyancing
I have recently realised that I have Fifty years unexpired on my flat in Billingham. I now want to get lease extension but my freeholder is can not be found. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. For most situations a specialist should be useful to conduct investigations and prepare a report to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Billingham.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Billingham. Conveyancing solicitors have are about to be instructed. Will they explain the issues?
Most houses in Billingham are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Billingham so you should seriously consider shopping around for a Billingham conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority 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 obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should appraise you on the various issues.
I own a leasehold house in Billingham. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Billingham who previously acted has long since retired.Any advice?
First contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Billingham conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Do you have any advice for leasehold conveyancing in Billingham from the perspective of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Billingham can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Billingham state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Where you fail to have the consents in place do not contact the landlord without contacting your lawyer in advance.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £475000 garden flat in Billingham on Monday in a week. The freeholder has quoted £312 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Billingham?
Billingham conveyancing on leasehold flats nine out of ten times necessitates fees being levied by management companies :
- Completing pre-exchange questions
- Where consent is required before sale in Billingham
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Billingham - A selection of Queries before buying
The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders enjoy being in charge if their destiny and although a managing agent is usually employed where it is larger than a house conversion, the managing agent acts for the leaseholders themselves.
Who is in charge of the building?
The majority of Billingham leasehold apartments will incur a service bill for maintenance of the block set by the management company. Should you acquire the apartment you will have to pay this amount, normally periodically accross the year. This could vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a rentcharge to be met annual, this is usually not a exorbitant figure, say about £50-£100 but you should to enquire as occasionally it can be many hundreds of pounds.