I am on look out for some leasehold conveyancing in Burton upon Stather. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is registered - and almost all are in Burton upon Stather - then the leasehold title will always include the short particulars 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’m about to sell my 2 bed flat in Burton upon Stather.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should 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 managing agents 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.

I own a leasehold flat in Burton upon Stather. Conveyancing and Godiva Mortgages Ltd mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Burton upon Stather who acted for me is not around.Any advice?

First contact HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Burton upon Stather conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a long established estate agent office in Burton upon Stather where we see a few flat sales put at risk due to short leases. I have been given inconsistent advice from local Burton upon Stather conveyancing solicitors. Please can you clarify whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to appointing a Burton upon Stather conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Burton upon Stather conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Burton upon Stather conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• If the firm is not ALEP accredited then why not?

Leasehold Conveyancing in Burton upon Stather - Examples of Queries Prior to buying

In the main the cost for major works tend not to be included within maintenance charges, although a few managing agents in Burton upon Stather obliged leaseholders to contribute towards a sinking fund and this is used to offset against larger works. It would be prudent to find out if there is anything that is prohibited in the lease. For example it is fairly common in Burton upon Stather leases that pets are not permitted in certain buildings in Burton upon Stather. If you like the apartmentin Burton upon Stather however your dog can’t make the move with you then you will be presented with a hard choice. Where a Burton upon Stather lease has less than eighty years it will have adverse implications on the marketability of the flat. Check with your lender that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension at some point and you need to have some idea of what this would cost. For most Burton upon Statherlease extensions you will be be obliged to have owned the property for 24 months before you are legally able to extend the lease.

Other Topics

Lease Extensions in Burton upon Stather