Experts for Leasehold Conveyancing in Ferryhill

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Examples of recent questions relating to leasehold conveyancing in Ferryhill

I wish to let out my leasehold apartment in Ferryhill. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your last Ferryhill conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Fifty years left on my flat in Ferryhill. I now wish to get lease extension but my freeholder is absent. What are my options?

On the basis that you meet the appropriate requirements, 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the lessor. For most situations a specialist may be useful to conduct investigations and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Ferryhill.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Ferryhill.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – Do I pay up?

The sensible thing to do is pay 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. Having a clear account will assist your cause and will leave you no worse off financially.

I own a leasehold flat in Ferryhill. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received 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 1994. The conveyancing solicitor in Ferryhill who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to instruct a Ferryhill conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a reputable estate agent office in Ferryhill where we see a number of flat sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Ferryhill conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

Alternatively, it may be possible 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 buyer.

Leasehold Conveyancing in Ferryhill - A selection of Queries Prior to buying

    How many of the leaseholders are in arrears for their service charge payments? How much is the yearly service fee and ground rent? You will want to find out as much as you can concerning the managing agents as they will either make life much easier or problematic. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day issues such as the cleanliness of the common parts. Ask other tenants what they think of their service. Finally, investigate as to the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money.

Other Topics

Lease Extensions in Ferryhill