Top Five Questions relating to Farnham Royal leasehold conveyancing
I am on look out for some leasehold conveyancing in Farnham Royal. Before I set the wheels in motion I would like to find out the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in Farnham Royal - 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 62 years left on my lease in Farnham Royal. I am keen to get lease extension but my landlord is absent. What options are available to me?
If you meet the appropriate requirements, 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 mean that your lease can be extended by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. In some cases an enquiry agent would be useful to conduct investigations and to produce a report to be accepted by the court as evidence 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 application to the County Court covering Farnham Royal.
Looking forward to exchange soon on a ground floor flat in Farnham Royal. Conveyancing lawyers have said that they will have a report out to me within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Farnham Royal should include some of the following:
- The physical extent of the demise. This will be the flat itself but may incorporate a loft or basement if appropriate.
- Ground rent - how much and when you need to pay, and also know whether this is subject to change
- Whether your lease has a provision for a sinking fund?
- You should have a good understanding of the insurance provisions
- The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
Estate agents have just been given the go-ahead to market my garden flat in Farnham Royal.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Do you have any top tips for leasehold conveyancing in Farnham Royal with the purpose of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Farnham Royal can be reduced where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
- Some Farnham Royal leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
- If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 details of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unsettled.
- If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Organising a new share certificate can be a lengthy formality and delays many a Farnham Royal home move. If a new share is necessary, do contact the company officers 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 it would be advisable verify this by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to where the lease term is under 80 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.
I am the registered owner of a leasehold flat in Farnham Royal, conveyancing formalities finalised 2011. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Farnham Royal with an extended lease are worth £221,000. The ground rent is £45 invoiced annually. The lease ceases on 21st October 2088
With 62 years unexpired the likely cost is going to range between £19,000 and £22,000 as well as professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.