Fixed-fee leasehold conveyancing in Cotham:

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Frequently asked questions relating to Cotham leasehold conveyancing

I only have 72 years remaining on my flat in Cotham. I now wish to get lease extension but my landlord is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order 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 find the landlord. For most situations an enquiry agent should be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court covering Cotham.

I am hoping to complete next month on a leasehold property in Cotham. Conveyancing lawyers inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • 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
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Cotham please ask your conveyancer in advance of your conveyancing in Cotham

  • Back In 2007, I bought a leasehold house in Cotham. Conveyancing and Chelsea Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Cotham who acted for me is not around.Any advice?

    First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to instruct a Cotham conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Completion in due on our sale of a £175000 flat in Cotham on Tuesday in a week. The freeholder has quoted £324 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Cotham?

    Cotham conveyancing on leasehold flats typically necessitates fees being raised by freeholders :

    • Addressing conveyancing due diligence enquiries
    • Where consent is required before sale in Cotham
    • 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Cotham leasehold premises is £350. For Cotham 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 obliged to supply answers.

    What makes a Cotham lease unmortgageable?

    Leasehold conveyancing in Cotham is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Virgin Money, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to pull out.

    I own a ground floor flat in Cotham, conveyancing was carried out 3 years ago. Can you work out an approximate cost of a lease extension? Corresponding properties in Cotham with over 90 years remaining are worth £231,000. The average or mid-range amount of ground rent is £60 per annum. The lease comes to an end on 21st October 2076

    You have 55 years unexpired we estimate the premium for your lease extension to be between £28,500 and £33,000 plus professional fees.

    The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Cotham