Fixed-fee leasehold conveyancing in Charmouth:

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Questions and Answers: Charmouth leasehold conveyancing

I am in need of some leasehold conveyancing in Charmouth. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Charmouth - 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.

Having checked my lease I have discovered that there are only Seventy years left on my lease in Charmouth. I need to extend my lease but my freeholder is missing. What should I do?

On the basis that 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 magistrate. You will be obliged to prove that you have used your best endeavours to track down the lessor. In some cases an enquiry agent may be useful to conduct investigations and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Charmouth.

What advice can you give us when it comes to finding a Charmouth conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Charmouth conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Charmouth 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 helpful:

  • How many lease extensions have they carried out in Charmouth in the last 12 months?
  • What are the charges for lease extension conveyancing?

    • Do you have any advice for leasehold conveyancing in Charmouth with the aim of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Charmouth can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Charmouth state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. If you dont have the approvals to hand do not communicate with the landlord without contacting your solicitor in the first instance.
  • A minority of Charmouth leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Arranging a re-issued share certificate can be a time consuming formality and delays many a Charmouth home move. Where a reissued share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Are there frequently found defects that you witness in leases for Charmouth properties?

    There is nothing unique about leasehold conveyancing in Charmouth. Most leases is drafted differently and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the property
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Bank of Scotland, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Charmouth Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

      Its a good idea to find out as much as possible regarding the company managing the building as they will either make life much simpler or uncomfortable. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to practical issues like the cleanliness of the common parts. Don't be afraid to ask prospective neighbours what they think of their service. Finally, find out the dates that you are obliged pay the maintenance charge to the appropriate party and precisely how they are spending that money. The answer will be important as a) areas could result in problems for the block as the common areas may start to deteriorate if services are not paid for b) if the leaseholders have an issue with the managing agents you will want to know about it Are any of leasehold owners in dispute over their service charge liability?

    Other Topics

    Lease Extensions in Charmouth