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Crabtree leasehold conveyancing: Q and A’s

There are only 72 years unexpired on my lease in Crabtree. I am keen to get lease extension but my landlord is absent. What are my options?

On the basis that 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 enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to track down the freeholder. For most situations an enquiry agent would be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Crabtree.

Looking forward to sign contracts shortly on a garden flat in Crabtree. Conveyancing lawyers inform me that they report fully next week. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • The physical extent of the property. This will be the apartment itself but could also incorporate a loft or cellar if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • 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
  • What options are open to you if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in Crabtree please ask your conveyancer in advance of your conveyancing in Crabtree

    • I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Crabtree. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

    The majority of houses in Crabtree are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Crabtree in which case you should be looking for a Crabtree conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your lawyer should appraise you on the various issues.

    My wife and I purchased a leasehold flat in Crabtree. Conveyancing and Barclays Direct mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Crabtree who previously acted has long since retired.What should I do?

    The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Crabtree conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    We expect to complete our sale of a £475000 flat in Crabtree in nine days. The management company has quoted £420 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Crabtree?

    Crabtree conveyancing on leasehold flats more often than not necessitates the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to address such questions the majority will be willing to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that you have little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

    Crabtree Conveyancing for Leasehold Flats - Examples of Queries before buying

      Are there any major works anticipated that will increase the maintenance costs? Be sure to find out if the the lease includes any adverse restrictions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Crabtree. If you love the propertyin Crabtree yet your dog can’t live with you then you will be presented with a hard choice. It is important to be aware whether window replacement or some other major work is coming up that will be shared by the leasehold owners and will dramatically increase the the maintenance charges or result in a specific invoice.

    Other Topics

    Lease Extensions in Crabtree