Recently asked questions relating to Farnham Royal leasehold conveyancing
There are only Seventy years remaining on my flat in Farnham Royal. I am keen to get lease extension but my freeholder is missing. What options are available to me?
On the basis that 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 granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the lessor. On the whole a specialist may be useful to carry out a search and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Farnham Royal.
I've found a house that appears to be perfect, at a great price which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Farnham Royal. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Farnham Royal ?
The majority of houses in Farnham Royal are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Farnham Royal so you should seriously consider looking for a Farnham Royal conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.
My wife and I purchased a leasehold house in Farnham Royal. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Farnham Royal who acted for me is not around.Do I pay?
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. You do not need to instruct a Farnham Royal conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate 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 Farnham Royal conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Farnham Royal conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Farnham Royal conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- Can they put you in touch with client in Farnham Royal who can give a testimonial?
- What are the costs for lease extension work?
Do you have any advice for leasehold conveyancing in Farnham Royal from the point of view of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Farnham Royal can be reduced where you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Farnham Royal leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you dont have the approvals in place do not communicate with the landlord without checking with your solicitor in advance.
- If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to ongoing.
- If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and delays many a Farnham Royal conveyancing transaction. If a duplicate share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.
- You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.
I bought a 2 bed flat in Farnham Royal, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Farnham Royal with an extended lease are worth £245,000. The ground rent is £45 per annum. The lease ends on 21st October 2098
With 72 years unexpired the likely cost is going to be between £12,400 and £14,200 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.