Top Five Questions relating to Easton leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Easton. Before diving in I want to be sure as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and almost all are in Easton - then the leasehold title will always include the short particulars 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 Sixty One years left on my flat in Easton. I need to extend my lease but my freeholder is can not be found. What options are available to me?
On the basis that you meet the appropriate requirements, 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 enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the landlord. On the whole an enquiry agent would be useful to carry out a search and to produce a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court overseeing Easton.
My wife and I purchased a leasehold flat in Easton. Conveyancing and Lloyds TSB Bank mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Easton who acted for me is not around.Any advice?
First contact HMLR to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Easton conveyancing lawyer to do this as it can be done on-line for a few pound. You should note 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.
We expect to complete the disposal of our £475000 garden flat in Easton next week. The managing agents has quoted £336 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Easton?
Easton conveyancing on leasehold flats often necessitates the buyer’s conveyancer sending enquiries for the landlord to address. Although the landlord is not legally bound to answer such questions the majority will be content to assist. They may invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that one has no option but to pay whatever is demanded if you want to complete the sale of your home.
In relation to leasehold conveyancing in Easton what are the most frequent lease defects?
Leasehold conveyancing in Easton is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the property
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Coventry Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to pull out.
Easton Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
Best to be warned whether window replacement or some other significant cost is coming up to be shared amongst the leasehold owners and may well dramatically impact the level of the service costs or require a one off invoice.
The prefered form of lease structure is a share of the freehold. In this arrangement the leaseholders enjoy control and although a managing agent is frequently retained if it is larger than a house conversion, the managing agent is directed by the tenants.
It would be prudent to enquire if the the lease includes any unreasonable restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Easton. If you love the flatin Easton however your cat is not allowed to make the move with you then you have a very difficult determination.