Ferndown leasehold conveyancing Example Support Desk Enquiries
Looking forward to complete next month on a ground floor flat in Ferndown. Conveyancing solicitors inform me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Ferndown should include some of the following:
- You should be sent a copy of the lease
My wife and I purchased a leasehold house in Ferndown. Conveyancing and Clydesdale mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Ferndown who acted for me is not around.Do I pay?
First contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Ferndown conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured 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.
I am employed by a long established estate agency in Ferndown where we have experienced a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local Ferndown conveyancing solicitors. Please can you clarify whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
What are your top tips when it comes to finding a Ferndown conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Ferndown conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Ferndown conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- What volume of lease extensions has the firm carried out in Ferndown in the last twenty four months?
Can you provide any top tips for leasehold conveyancing in Ferndown with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Ferndown can be reduced if you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
- Many landlords or managing agents in Ferndown levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Ferndown.
Leasehold Conveyancing in Ferndown - Sample of Queries before buying
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Is the freehold owned collectively by the tenants?
For most Ferndown leaseholds the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Ferndown ask tenants to pay into a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance.
Please note that where the lease has no more than 80 years it will affect the marketability of the apartment. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. For most Ferndownlease extensions you would need to own the property for 24 months in order to be legally able to exercise a lease extension.
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