Fixed-fee leasehold conveyancing in Boscombe:

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Recently asked questions relating to Boscombe leasehold conveyancing

There are only 62 years remaining on my flat in Boscombe. I am keen 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 granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations a specialist should be helpful to conduct investigations and prepare a report which can be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Boscombe.

I am hoping to complete next month on a studio apartment in Boscombe. Conveyancing lawyers have said that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Boscombe should include some of the following:

  • Defining your rights in relation to the communal areas in the building.By way of example, does the lease provide for a right of way over an accessway or hallways?
  • Are you allowed to have a pet in the flat?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Boscombe please enquire of your conveyancer in advance of your conveyancing in Boscombe

    • Estate agents have just been given the go-ahead to market my garden flat in Boscombe.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge demand – Do I pay up?

    It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    Last month I purchased a leasehold property in Boscombe. 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

    Are there common deficiencies that you see in leases for Boscombe properties?

    Leasehold conveyancing in Boscombe is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Leeds Building Society, 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, obliging the buyer to withdraw.

    Boscombe Leasehold Conveyancing - A selection of Queries Prior to buying

      What is the the remaining lease term? How many of the leaseholders are in arrears for their service charge payments? It would be wise to investigate if there is anything that is prohibited in the lease. By way of example it is very common in Boscombe leases that pets are not allowed in in a block in Boscombe. If you love the apartmentin Boscombe however your dog can’t live with you then you have a very hard choice.

    Other Topics

    Lease Extensions in Boscombe