Recently asked questions relating to Dorking leasehold conveyancing
I only have 68 years unexpired on my flat in Dorking. I need to extend my lease but my freeholder is absent. What options are available to me?
If 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 done all that could be expected to locate the landlord. In some cases an enquiry agent may be helpful to try and locate and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Dorking.
I am hoping to exchange soon on a leasehold property in Dorking. Conveyancing lawyers have said 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 Dorking should include some of the following:
- You should receive a copy of the lease
I have just appointed agents to market my 2 bed apartment in Dorking.Conveyancing has not commenced but I have just received a quarterly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 until 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.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Dorking. Conveyancing advisers have are about to be instructed. Will they explain the issues?
Most houses in Dorking are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Dorking so you should seriously consider looking for a Dorking conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor should appraise you on the various issues.
What makes a Dorking lease unacceptable for security purposes?
There is nothing unique about leasehold conveyancing in Dorking. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
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, Norwich and Peterborough Building Society, and Clydesdale 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 defective they may refuse to provide security, forcing the buyer to pull out.
Dorking Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing
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You will want to find out as much as possible concerning the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to practical issues such as the tidiness of the common parts. You should not be afraid to ask other tenants what they think of their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically how they are spending the funds.
Most Dorking leasehold apartments will be liable to pay a service charge for the upkeep of the building invoiced by the freeholder. If you purchase the apartment you will have to pay this contribution, usually periodically accross the year. This may vary from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent for you to pay annual, this is usually not a significant amount, say approximately £50-£100 but you need to check as occasionally it can be many hundreds of pounds.
Can you tell me if there are any major works in the planning that could increase the maintenance costs?
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