Experts for Leasehold Conveyancing in Brighouse

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Top Five Questions relating to Brighouse leasehold conveyancing

I only have Sixty One years remaining on my flat in Brighouse. I need to get lease extension but my freeholder is can not be found. What options are available to me?

If 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 enable the lease to be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to find the lessor. On the whole a specialist would be useful to carry out a search and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Brighouse.

I have just appointed agents to market my 2 bed flat in Brighouse.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay the service charge 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 until 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 house in Brighouse. 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 Brighouse conveyancing practice to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Brighouse conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Brighouse 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:

  • How experienced is the practice with lease extension legislation?
  • What volume of lease extensions has the firm completed in Brighouse in the last twenty four months?

  • Can you provide any advice for leasehold conveyancing in Brighouse from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Brighouse can be avoided if you instruct lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers lawyers.
    • Many landlords or managing agents in Brighouse levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Brighouse.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Brighouse leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such alterations. Should you fail to have the consents to hand do not contact the landlord without contacting your lawyer in the first instance.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a duplicate share certificate is often a lengthy process and delays many a Brighouse conveyancing deal. Where a duplicate share certificate is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be advisable verify this via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. It is therefore essential at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

  • I inherited a leasehold flat in Brighouse, conveyancing was carried out 3 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Brighouse with an extended lease are worth £227,000. The ground rent is £50 invoiced annually. The lease comes to an end on 21st October 2094

    With only 73 years unexpired we estimate the price of your lease extension to span between £11,400 and £13,200 as well as professional fees.

    The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Brighouse