Having had my offer accepted I require leasehold conveyancing in Blandfordum. Before diving in I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Blandfordum - 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 only have Seventy years unexpired on my flat in Blandfordum. I need to extend my lease but my landlord is absent. 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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the landlord. On the whole a specialist may be helpful to conduct investigations and prepare an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Blandfordum.

I've found a house that appears to be perfect, at a great figure which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Blandfordum. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Blandfordum ?

The majority of houses in Blandfordum 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 purchasing in Blandfordum so you should seriously consider shopping around for a Blandfordum conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

I work for a long established estate agent office in Blandfordum where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have been given inconsistent advice from local Blandfordum conveyancing firms. Can you clarify whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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 buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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 buyer.

Are there common problems that you see in leases for Blandfordum properties?

There is nothing unique about leasehold conveyancing in Blandfordum. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Coventry Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.

Blandfordum Leasehold Conveyancing - Sample of Questions you should consider before buying

In the main the cost for major works tend not to be included within service charges, albeit that there some managing agents in Blandfordum ask leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance. Who takes charge for maintaining and repairing the block? You should be aware that where the lease has no more than 80 years it will affect the salability of the apartment. It is worth checking with your bank that they are content with the length of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this will be. For most Blandfordumlease extensions you would need to own the residence for a couple of years before you are legally able to extend the lease.

Other Topics

Lease Extensions in Blandfordum