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Chesterfield leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Chesterfield. Before diving in I want to be sure as to the remaining lease term.

If the lease is registered - and 99.9% are in Chesterfield - 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.

I have recently realised that I have 68 years left on my flat in Chesterfield. I am keen to extend my lease but my landlord is missing. What options are available to me?

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 enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the lessor. For most situations an enquiry agent would be helpful to conduct investigations and to produce a report which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Chesterfield.

Due to complete next month on a studio apartment in Chesterfield. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the premises. This will be the flat itself but could also incorporate a roof space or basement if appropriate.
  • Defining your legal entitlements in relation to common areas in the block.E.G., does the lease grant a right of way over a path or hallways?
  • You need to be told what counts as a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Chesterfield please enquire of your lawyer in advance of your conveyancing in Chesterfield

    • I’m about to sell my basement flat in Chesterfield.Conveyancing has not commenced but I have just received a yearly service charge invoice – what should I do?

    It best that you discharge 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 management companies 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. This will smooth the conveyancing process.

    Do you have any advice for leasehold conveyancing in Chesterfield from the point of view of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Chesterfield can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
    • Many landlords or Management Companies in Chesterfield charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Chesterfield.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Chesterfield state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such changes. If you fail to have the paperwork in place do not communicate with the landlord without contacting your lawyer in the first instance.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unsettled.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Organising a replacement share certificate can be a lengthy formality and slows down many a Chesterfield conveyancing deal. If a duplicate share certificate is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Chesterfield Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

      Does the lease have onerous restrictions? Are there any major works in the near future that will likely add a premium to the maintenance fees? For many Chesterfield leaseholds the cost for major works are not included within maintenance charges, albeit that a few managing agents in Chesterfield ask leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major repairs or maintenance.

    Other Topics

    Lease Extensions in Chesterfield