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Questions and Answers: Dronfield leasehold conveyancing

Expecting to complete next month on a leasehold property in Dronfield. Conveyancing lawyers have said that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Dronfield should include some of the following:

  • You should be sent a copy of the lease
  • You should be told what constitutes a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Dronfield please enquire of your lawyer in ahead of your conveyancing in Dronfield

    • Back In 2002, I bought a leasehold flat in Dronfield. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Dronfield who acted for me is not around.Any advice?

    The first thing you should do is make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Dronfield conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    What are your top tips when it comes to finding a Dronfield conveyancing firm to carry out our lease extension conveyancing?

    When appointing a conveyancer for lease extension works (regardless if they are a Dronfield conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Dronfield conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • What volume of lease extensions have they conducted in Dronfield in the last 12 months?
  • Can they put you in touch with client in Dronfield who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Dronfield from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Dronfield can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
    • The majority freeholders or managing agents in Dronfield 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 on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Dronfield.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Dronfield state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. Should you fail to have the paperwork to hand you should not contact the landlord without checking with your conveyancer in advance.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Organising a re-issued share certificate is often a lengthy process and delays many a Dronfield conveyancing transaction. If a reissued share is necessary, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. In the circumstances it is important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a Dronfield lease unmortgageable?

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

    • Repairing obligations to or maintain elements of the building
    • 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 primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Bank of Scotland, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to pull out.

    Dronfield Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

      Who manages the block? How much is the yearly service fee and ground rent? The answer will be helpful as a) areas could cause problems in the block as the common areas may begin to deteriorate if services are not paid for b) if the leasehold owners have an issue with the running of the building you will want to know about it

    Other Topics

    Lease Extensions in Dronfield