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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Bovey Tracey, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Bovey Tracey leasehold conveyancing: Q and A’s

There are only 72 years left on my flat in Bovey Tracey. I need to extend my lease but my landlord is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to find the landlord. For most situations a specialist would be useful to try and locate and prepare an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Bovey Tracey.

Expecting to sign contracts shortly on a garden flat in Bovey Tracey. Conveyancing lawyers have said that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Bovey Tracey should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • You need to be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • 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 Bovey Tracey please enquire of your solicitor in advance of your conveyancing in Bovey Tracey

    • I've recently bought a leasehold house in Bovey Tracey. Am I liable to pay service charges for periods before completion of my purchase?

    In a situation 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).

    What advice can you give us when it comes to choosing a Bovey Tracey conveyancing firm to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Bovey Tracey conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Bovey Tracey conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • What volume of lease extensions have they completed in Bovey Tracey in the last 12 months?
  • Can they put you in touch with client in Bovey Tracey who can give a testimonial?

    • When it comes to leasehold conveyancing in Bovey Tracey what are the most common lease problems?

    Leasehold conveyancing in Bovey Tracey is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • 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

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Barnsley Building Society, and Godiva Mortgages Ltd 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.

    Leasehold Conveyancing in Bovey Tracey - Sample of Questions you should consider Prior to Purchasing

      For many Bovey Tracey leaseholds the cost for major works are not included within maintenance charges, albeit that some managing agents in Bovey Tracey require tenants to contribute towards a sinking fund created for the specific intention of establishing a fund for major works. How many of the leaseholders are in arrears for their maintenance charge payments? Is there a share of the freehold?

    Other Topics

    Lease Extensions in Bovey Tracey