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Questions and Answers: Ferring and Goring leasehold conveyancing

I am in need of some leasehold conveyancing in Ferring and Goring. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Ferring and Goring - 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 only have Sixty One years unexpired on my flat in Ferring and Goring. I need to extend my lease but my landlord is missing. 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 enable the lease to be extended by the Court. However, you will be required to demonstrate that you have used your best endeavours to track down the freeholder. On the whole a specialist may be useful to try and locate and prepare a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Ferring and Goring.

Expecting to complete next month on a studio apartment in Ferring and Goring. Conveyancing solicitors assured me that they will have a report out to me tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Ferring and Goring should include some of the following:

  • Setting out your legal entitlements in relation to common areas in the building.For example, does the lease grant a right of way over a path or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You must be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Changes to the flat (alterations and additions)
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Ferring and Goring please enquire of your lawyer in advance of your conveyancing in Ferring and Goring

    • I have just started marketing my basement flat in Ferring and Goring.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

    The sensible thing to do is 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 managing agents 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 advice for leasehold conveyancing in Ferring and Goring with the purpose of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Ferring and Goring can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers representatives.
    • Some Ferring and Goring leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to 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 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Arranging a replacement share certificate can be a lengthy process and frustrates many a Ferring and Goring home move. If a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is under 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Ferring and Goring - Examples of Queries Prior to Purchasing

      What is the name of the managing agents? It would be prudent to discover as much as you can about the company managing the building as they can either make living at the property much easier or uncomfortable. As the owner of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to daily matters such as the upkeep of the common parts. Ask prospective neighbours whether they are happy with them. On a final note, investigate as to the dates that the service fees are due to the appropriate party and specifically what it includes. It would be sensible to investigate if there are any onerous prohibitions in the lease. For instance it is reasonably common in Ferring and Goring leases that pets are not permitted in in a block in Ferring and Goring. If you like the propertyin Ferring and Goring but your cat is not allowed to make the move with you then you will be faced difficult compromise.

    Other Topics

    Lease Extensions in Ferring and Goring