Chesterfield leasehold conveyancing: Q and A’s
I have recently realised that I have 62 years remaining on my flat in Chesterfield. I now wish to get lease extension but my landlord is can not be found. What options are available to me?
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 granted an extra 90 years 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. In some cases an enquiry agent may be helpful to try and locate 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 solicitor both on proving the landlord’s disappearance and the application to the County Court overseeing Chesterfield.
I am hoping to exchange soon on a basement flat in Chesterfield. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Chesterfield should include some of the following:
- Setting out your rights in respect of the communal areas in the building.For instance, does the lease permit a right of way over an accessway or staircase?
I’m about to sell my 2 bed apartment in Chesterfield.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – Do I pay up?
The sensible thing to do is pay 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.
I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Chesterfield. Conveyancing solicitors have not yet been instructed. Will they explain the issues?
Most houses in Chesterfield are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Chesterfield so you should seriously consider looking for a Chesterfield conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your lawyer should advise you fully on all the issues.
Back In 2003, I bought a leasehold house in Chesterfield. Conveyancing and Clydesdale mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Chesterfield who acted for me is not around.Do I pay?
The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Chesterfield conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Chesterfield Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing
In the main the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Chesterfield obliged leaseholders to pay into a sinking fund created for the specific purpose of building a fund for larger works.
The answer will be important as a) areas can cause problems for the building as the common areas may start to deteriorate if services are not paid for b) if the tenants have a dispute with the running of the building you will wish to have complete disclosure
The majority of Chesterfield leasehold apartments will be liable to pay a service bill for the upkeep of the building levied by the management company. Should you purchase the property you will have to meet this contribution, usually periodically throughout the year. This could be anything from a few hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a rentcharge for you to pay annual, this is usually not a exorbitant amount, say approximately £50-£100 but you need to check as occasionally it could be many hundreds of pounds.