Bootle leasehold conveyancing: Q and A’s
I own a leasehold house in Bootle. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Bootle who acted for me is not around.What should I do?
First make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Bootle conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am looking at a two flats in Bootle both have approximately 50 years unexpired on the lease term. Do I need to be concerned?
There are plenty of short leases in Bootle. The lease is a right to use the property for a prescribed time frame. As a lease shortens the value of the lease decreases and it becomes more expensive to extend the lease. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this area
I've recently bought a leasehold house in Bootle. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Can you offer any advice when it comes to choosing a Bootle conveyancing firm to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Bootle conveyancing practice) 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 Bootle conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- Can they put you in touch with client in Bootle who can give a testimonial?
When it comes to leasehold conveyancing in Bootle what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Bootle. All leases are unique and drafting errors can result in certain provisions are not included. 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
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.
Bootle Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
Who is in charge of the block?
It would be prudent to find out if there are any onerous restrictions in the lease. By way of example some leases prohibit pets being permitted in in a block in Bootle. If you love the apartmentin Bootle but your dog is not allowed to live with you then you have a very difficult compromise.
You should want to discover as much as possible regarding the managing agents as they will either make your life much easier or problematic. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to daily issues like the upkeep of the common parts. Ask prospective neighbours what they think of their management. Finally, find out the dates that the service fees are due to the appropriate party and specifically what it includes.