Croston leasehold conveyancing: Q and A’s
There are only Fifty years unexpired on my lease in Croston. I now wish to extend my lease but my landlord is absent. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases a specialist should be helpful to carry out a search and prepare an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Croston.
Looking forward to complete next month on a ground floor flat in Croston. Conveyancing solicitors assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Croston should include some of the following:
- You should receive a copy of the lease
My wife and I purchased a leasehold house in Croston. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Croston who previously acted has now retired.Any advice?
First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Croston conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured 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 property in Croston. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee 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. It is an essential part 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).
Can you offer any advice when it comes to finding a Croston conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Croston conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Croston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- What volume of lease extensions has the firm conducted in Croston in the last 12 months?
Croston Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying
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Many Croston leasehold flats will be liable to pay a service bill for maintenance of the block levied by the freeholder. Should you buy the property you will have to pay this amount, normally in instalments during the year. This may be anything from several hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a ground rent to be met annual, this is usually not a significant figure, say about £50-£100 but you need to enquire it because on occasion it could be surprisingly expensive.
Is there a share of the freehold?
Be sure to investigate if there are any onerous prohibitions in the lease. By way of example plenty of leases prohibit pets being allowed in in a block in Croston. If you like the propertyin Croston but your cat is not allowed to move with you then you will be faced difficult choice.
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