Flint leasehold conveyancing Example Support Desk Enquiries
There are only 62 years remaining on my flat in Flint. I am keen to get lease extension but my landlord is missing. What options are available to me?
If 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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. In some cases an enquiry agent should be helpful to try and locate and to produce an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Flint.
I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Flint. Conveyancing advisers have not yet been appointed. Will they explain the issues?
The majority of houses in Flint are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Flint in which case you should be shopping around for a Flint conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will report to you on the legal implications.
What are your top tips when it comes to appointing a Flint conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Flint conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Flint 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 firm with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Flint from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Flint can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
- If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Flint state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such changes. If you dont have the paperwork in place you should not contact the landlord without contacting your solicitor first.
When it comes to leasehold conveyancing in Flint what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Flint. Most leases is drafted differently and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Skipton Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.
Flint Leasehold Conveyancing - Examples of Queries Prior to Purchasing
It would be sensible to find out as much as possible concerning the managing agents as they will either make living at the property much easier or problematic. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the communal areas. Enquire of other tenants whether they are happy with them. On a final note, be sure you know the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.
You should be aware that where the lease has fewer than eighty years it will impact the salability of the apartment. Check 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 most likely have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you would be required to have owned the residence for a couple of years before you are eligible to exercise a lease extension.
It would be a good idea to enquire if there is anything that is prohibited in the lease. For example it is very common in Flint leases that pets are not permitted in certain buildings in Flint. If you like the flatin Flint however your cat can’t move with you then you will be faced hard compromise.