Ely leasehold conveyancing Example Support Desk Enquiries
Having checked my lease I have discovered that there are only Fifty years left on my lease in Ely. I now want to extend my lease but my freeholder is missing. 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 enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the lessor. In some cases a specialist would be useful to try and locate and prepare an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Ely.
Looking forward to sign contracts shortly on a leasehold property in Ely. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Ely should include some of the following:
- Setting out your legal entitlements in relation to the communal areas in the block.E.G., does the lease grant a right of way over a path or staircase?
I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Ely. Conveyancing advisers have not yet been appointed. Will they explain the issues?
The majority of houses in Ely are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Ely in which case you should be looking for a Ely conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.
What are your top tips when it comes to appointing a Ely conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Ely conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Ely 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:
- Can they put you in touch with client in Ely who can give a testimonial?
Do you have any advice for leasehold conveyancing in Ely from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Ely can be avoided where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
- Some Ely leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
Ely Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
How many of the leaseholders are in arrears for their maintenance charge payments?
In the main the outlay for major works are not wrapped into the service charges, albeit that some managing agents in Ely ask leaseholders to contribute towards a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance.
Is the freehold reversion owned jointly by the leaseholders?