I am on look out for some leasehold conveyancing in Darton. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Darton - 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.

There are only 68 years unexpired on my lease in Darton. I need to extend my lease but my landlord is can not be found. What should I do?

If 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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the landlord. On the whole a specialist should be helpful to conduct investigations and prepare a report which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court overseeing Darton.

I am hoping to exchange soon on a studio apartment in Darton. Conveyancing lawyers assured me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Darton should include some of the following:

• Defining your legal entitlements in relation to the communal areas in the block.For example, does the lease contain a right of way over a path or staircase?

I work for a busy estate agent office in Darton where we have witnessed a number of flat sales jeopardised due to short leases. I have received inconsistent advice from local Darton conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

In relation to leasehold conveyancing in Darton what are the most common lease defects?

Leasehold conveyancing in Darton is not unique. Most leases are unique and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, The Royal Bank of Scotland, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Darton Conveyancing for Leasehold Flats - A selection of Queries before buying

For most Darton leaseholds the outlay for major works tend not to be wrapped into the service charges, although a few managing agents in Darton ask tenants to pay into a sinking fund created for the specific purpose of building a fund for major works. Its a good idea to find out as much as you can about the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day matters like the upkeep of the communal areas. Ask prospective neighbours whether they are happy with them. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money. The majority of Darton leasehold flats will have a service charge for maintenance of the building levied on behalf of the freeholder. Should you buy the property you will have to pay this liability, normally quarterly during the year. This can differ from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all likelihood there will be a ground rent for you to pay annual, normally this is not a large amount, say around £50-£100 but you need to check as sometimes it could be many hundreds of pounds.

Other Topics

Lease Extensions in Darton