Examples of recent questions relating to leasehold conveyancing in Faversham
Having had my offer accepted I require leasehold conveyancing in Faversham. Before I get started I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Faversham - 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.
I have recently realised that I have Seventy years unexpired on my flat in Faversham. I now want to extend my lease but my freeholder is can not be found. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order 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 demonstrate that you have done all that could be expected to track down the lessor. For most situations an enquiry agent may be useful to carry out a search and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the application to the County Court overseeing Faversham.
Expecting to exchange soon on a garden flat in Faversham. Conveyancing solicitors have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Faversham should include some of the following:
- The physical extent of the premises. This will be the flat itself but may incorporate a loft or cellar if appropriate.
My wife and I purchased a leasehold flat in Faversham. Conveyancing and Godiva Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Faversham who previously acted has long since retired.What should I do?
First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Faversham conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What are your top tips when it comes to choosing a Faversham conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Faversham conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Faversham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- How familiar is the practice with lease extension legislation?
Leasehold Conveyancing in Faversham - Examples of Questions you should ask before Purchasing
-
How long is the Lease?
If a Faversham lease has no more than eighty years it will affect the marketability of the flat. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will almost definitely need a lease extension at some point and you need to have some idea of how much this will be. Remember, in most cases you will be required to have owned the residence for 24 months before you are entitled to exercise a lease extension.
Who manages the building?
Other Topics