Examples of recent questions relating to leasehold conveyancing in Cotswolds
Having had my offer accepted I require leasehold conveyancing in Cotswolds. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and almost all are in Cotswolds - 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 only have 72 years remaining on my flat in Cotswolds. I need to get lease extension but my landlord is can not be found. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. For most situations a specialist should be helpful to try and locate and prepare an expert document to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Cotswolds.
Back In 2005, I bought a leasehold house in Cotswolds. Conveyancing and Birmingham Midshires mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Cotswolds who previously acted has long since retired.What should I do?
First make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Cotswolds conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold flat in Cotswolds. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Do you have any top tips for leasehold conveyancing in Cotswolds from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Cotswolds can be bypassed where you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
- The majority landlords or Management Companies in Cotswolds charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Cotswolds.
Leasehold Conveyancing in Cotswolds - Sample of Questions you should consider before Purchasing
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Best to be warned whether a new roof is being installed or some other significant cost is pending that will be shared amongst the tenants and may well materially impact the level of the service costs or result in a specific invoice.
It would be sensible to discover if the the lease includes any adverse restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Cotswolds. If you love the apartmentin Cotswolds but your dog is not allowed to move with you then you will be faced difficult choice.
This information is important as a) areas can result in problems for the building as the communal areas may start to deteriorate if services are not paid for b) if the leasehold owners have an issue with the running of the building you will want to know about it
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