Sample questions relating to Blakeney leasehold conveyancing
I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Blakeney. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Blakeney ?
Most houses in Blakeney are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Blakeney so you should seriously consider shopping around for a Blakeney conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your solicitor should appraise you on the various issues.
My wife and I purchased a leasehold house in Blakeney. Conveyancing and Alliance & Leicester mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Blakeney who previously acted has now retired.What should I do?
The first thing you should do is 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 instruct a Blakeney conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to choosing a Blakeney conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Blakeney conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Blakeney 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 practice with lease extension legislation?
- How many lease extensions have they carried out in Blakeney in the last twenty four months?
Do you have any top tips for leasehold conveyancing in Blakeney with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Blakeney can be reduced where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ conveyancers.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Blakeney state that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Should you dont have the paperwork in place do not contact the landlord without checking with your conveyancer in advance.
- Some Blakeney leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
- If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a duplicate share certificate can be a time consuming formality and slows down many a Blakeney home move. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.
- You believe that you know the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 300000 garden flat in Blakeney next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Blakeney?
Blakeney conveyancing on leasehold apartments normally necessitates administration charges invoiced by management companies :
- Completing pre-exchange enquiries
- Where consent is required before sale in Blakeney
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I bought a 2 bed flat in Blakeney, conveyancing having been completed 1995. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Blakeney with a long lease are worth £227,000. The ground rent is £50 invoiced annually. The lease runs out on 21st October 2104
You have 78 years unexpired we estimate the premium for your lease extension to range between £8,600 and £9,800 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.