Top Five Questions relating to Dawlish leasehold conveyancing
I only have 68 years left on my lease in Dawlish. I am keen to extend my lease but my landlord is absent. 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 magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the landlord. In some cases a specialist may be helpful to try and locate and to produce a report 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 in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Dawlish.
I have just started marketing my garden flat in Dawlish.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge demand – what should I do?
It best that you discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Last month I purchased a leasehold flat in Dawlish. Am I liable to pay service charges for periods before 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. 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).
What advice can you give us when it comes to finding a Dawlish conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Dawlish conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Dawlish conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How experienced is the firm with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Dawlish with the aim of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Dawlish can be reduced where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Dawlish state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord approving such changes. Where you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer first.
Leasehold Conveyancing in Dawlish - A selection of Questions you should ask before buying
Who manages the building?
Where a Dawlish lease has no more than eighty years it will have adverse implications on the marketability of the apartment. Check with your bank that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will probably require a lease extension at some point and it is worth finding out how much this will be. For most Dawlishlease extensions you would be required to have owned the premises for 24 months in order to be entitled to exercise a lease extension.
How much is the ground rent and service charge?