Fixed-fee leasehold conveyancing in Caerwys:

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Sample questions relating to Caerwys leasehold conveyancing

I have recently realised that I have Fifty years remaining on my lease in Caerwys. I now wish to extend my lease but my landlord is absent. What should I do?

On the basis that you qualify, 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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to locate the freeholder. On the whole a specialist should be useful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Caerwys.

I own a leasehold house in Caerwys. Conveyancing and Nationwide Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Caerwys who acted for me is not around.What should I do?

The first thing you should do is make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Caerwys conveyancing lawyer to do this as you can do this on the Land Registry website for £3. 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've recently bought a leasehold house in Caerwys. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee 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. It is an essential part 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 Caerwys conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Caerwys conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Caerwys conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Caerwys who can give a testimonial?

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

    • A significant proportion of the frustration in leasehold conveyancing in Caerwys can be avoided if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
    • Many freeholders or managing agents in Caerwys levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Caerwys.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Caerwys state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. If you dont have the paperwork in place you should not contact the landlord without checking with your lawyer before hand.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share document. Obtaining a re-issued share certificate can be a time consuming formality and slows down many a Caerwys home move. Where a new share certificate is required, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the lease term is below 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Caerwys Conveyancing for Leasehold Flats - A selection of Queries before buying

      You should be aware that where the lease has fewer than 80 years it will have adverse implications on the value of the property. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this would cost. For most Caerwyslease extensions you will need to own the premises for two years in order to be eligible to extend the lease. The prefered form of lease arrangement is a share of the freehold. In this scenario the tenants have control and notwithstanding that a managing agent is often employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. How many years remain on the lease?

    Other Topics

    Lease Extensions in Caerwys