Having had my offer accepted I require leasehold conveyancing in Brixham. Before diving in I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Brixham - then the leasehold title will always include the basic details 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 Brixham. I am keen to get lease extension but my landlord is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the lessor. For most situations an enquiry agent may be helpful to conduct investigations and prepare an expert document which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Brixham.

I own a leasehold house in Brixham. Conveyancing and Bank of Scotland mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Brixham who previously acted has now retired.What should I do?

First contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Brixham conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a two maisonettes in Brixham which have about forty five years left on the lease term. should I be concerned?

A lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the marketability of the lease reduces and results in it becoming more costly to acquire a lease extension. For this reason it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

Can you offer any advice when it comes to finding a Brixham conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Brixham conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Brixham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If they are not ALEP accredited then what is the reason?

Brixham Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

Where a Brixham lease has less than eighty years it will affect the marketability of the property. Check with your lender that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering how much this will be. For most Brixhamlease extensions you would need to own the premises for two years before you are eligible to extend the lease. The best form of lease structure is if the freehold title is owned by the leaseholders. In this situation the tenants benefit from control and even though a managing agent is frequently retained if the building is larger than a house conversion, the managing agent is directed by the tenants. It is important to be aware if window replacement or some other major work is coming up to be shared amongst the leaseholders and could well dramatically impact the level of the maintenance fees or result in a one off payment.

Other Topics

Lease Extensions in Brixham