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Chadderton leasehold conveyancing: Q and A’s

I have recently realised that I have Sixty One years unexpired on my lease in Chadderton. I need to extend my lease but my freeholder is missing. What should I do?

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 mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent should be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Chadderton.

Expecting to sign contracts shortly on a basement flat in Chadderton. Conveyancing lawyers inform me that they are sending me a report tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Chadderton should include some of the following:

  • You should be sent a copy of the lease
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • You should have a good understanding of the insurance provisions
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in Chadderton please ask your conveyancer in advance of your conveyancing in Chadderton

  • Back In 2000, I bought a leasehold flat in Chadderton. Conveyancing and Halifax mortgage are in place. 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 1996. The conveyancing practitioner in Chadderton who acted for me is not around.Do I pay?

    First contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Chadderton conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    What are your top tips when it comes to finding a Chadderton conveyancing practice to deal with our lease extension?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Chadderton conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Chadderton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

    • How many lease extensions have they carried out in Chadderton in the last twenty four months?
  • Can they put you in touch with client in Chadderton who can give a testimonial?

  • Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £475000 apartment in Chadderton next Thursday . The landlords agents has quoted £300 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Chadderton?

    Chadderton conveyancing on leasehold apartments ordinarily results in fees being invoiced by management companies :

    • Completing conveyancing due diligence questions
    • Where consent is required before sale in Chadderton
    • Copies of the building insurance and schedule
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Chadderton leasehold premises is £350. For Chadderton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

    I am the registered owner of a basement flat in Chadderton, conveyancing formalities finalised in 2009. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Chadderton with an extended lease are worth £212,000. The ground rent is £65 per annum. The lease expires on 21st October 2082

    With 59 years unexpired the likely cost is going to be between £22,800 and £26,400 as well as costs.

    The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Chadderton