Examples of recent questions relating to leasehold conveyancing in Dover
I am on look out for some leasehold conveyancing in Dover. Before diving in I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Dover - 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.
Having checked my lease I have discovered that there are only Sixty One years remaining on my flat in Dover. I am keen to extend my lease but my landlord is can not be found. What are my options?
On the basis that 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 Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. In some cases a specialist should be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Dover.
I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Dover. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Dover ?
Most houses in Dover are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Dover so you should seriously consider shopping around for a Dover conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.
What are your top tips when it comes to finding a Dover conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Dover conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Dover conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- What volume of lease extensions have they carried out in Dover in the last 12 months?
Can you provide any top tips for leasehold conveyancing in Dover from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Dover can be bypassed if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers lawyers.
- Many landlords or managing agents in Dover levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Dover.
Dover Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
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How many of the leaseholders are in arrears for their service charge payments?
It would be wise to discover as much as you can concerning the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day issues such as the tidiness of the common parts. Enquire of other people if they are happy with them. On a final note, be sure you understand the dates that the maintenance charges are due to the relevant party and specifically what you get for your money.
This information is helpful as a) areas can cause problems in the block as the common areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have a dispute with the managing agents you will need to have full disclosure
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