Experts for Leasehold Conveyancing in Dartmouth

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Recently asked questions relating to Dartmouth leasehold conveyancing

I only have Seventy years remaining on my flat in Dartmouth. I am keen to get lease extension but my freeholder is can not be found. 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 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 demonstrate that you have made all reasonable attempts to track down the lessor. For most situations a specialist may be helpful to conduct investigations and to produce an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Dartmouth.

I own a leasehold house in Dartmouth. Conveyancing and Barclays mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Dartmouth who previously acted has long since retired.What should I do?

First contact HMLR to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Dartmouth conveyancing practitioner to do this as it can be done on-line for £3. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to appointing a Dartmouth conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Dartmouth conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Dartmouth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How many lease extensions have they completed in Dartmouth in the last twenty four months?
  • Can they put you in touch with client in Dartmouth who can give a testimonial?

  • Do you have any top tips for leasehold conveyancing in Dartmouth with the intention of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Dartmouth can be avoided if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the purchasers’ solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Dartmouth state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. Where you fail to have the consents in place you should not communicate with the landlord without checking with your lawyer before hand.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Obtaining a replacement share certificate is often a time consuming process and slows down many a Dartmouth conveyancing transaction. Where a reissued share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

  • In relation to leasehold conveyancing in Dartmouth what are the most frequent lease problems?

    There is nothing unique about leasehold conveyancing in Dartmouth. All leases are individual and drafting errors can result in certain clauses are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Leeds Building Society, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.

    Dartmouth Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

      Generally speaking the cost for major works tend not to be wrapped into the service charges, although there some managing agents in Dartmouth obliged leaseholders to contribute towards a sinking fund and this is used to offset against major repairs or maintenance. It would be wise to discover as much as possible concerning the managing agents as they will either make living at the property much easier or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to practical matters such as the tidiness of the communal areas. You should not be shy to ask other tenants what they think of them. In conclusion, investigate as to the dates that the service fees are due to the appropriate party and specifically what it includes. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Dartmouth