Sample questions relating to Forest Row leasehold conveyancing
Having checked my lease I have discovered that there are only 72 years left on my lease in Forest Row. I need to get lease extension but my freeholder is absent. What options are available to me?
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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the freeholder. On the whole an enquiry agent should be useful to carry out a search and prepare an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Forest Row.
I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Forest Row. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?
Most houses in Forest Row are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Forest Row so you should seriously consider looking for a Forest Row conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer will report to you on the legal implications.
Back In 2000, I bought a leasehold house in Forest Row. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Forest Row who previously acted has now retired.What should I do?
First make enquiries of HMLR to be sure that this person is in fact the new freeholder. You do not need to instruct a Forest Row conveyancing lawyer to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am employed by a reputable estate agent office in Forest Row where we see a number of flat sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Forest Row conveyancing solicitors. Can you confirm whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner 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 need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
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 purchaser.
Can you offer any advice when it comes to choosing a Forest Row conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Forest Row conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Forest Row conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How experienced is the firm with lease extension legislation?
Forest Row Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
The best form of lease structure is a share of the freehold. In this arrangement the leaseholders have being in charge if their destiny and even though a managing agent is usually retained where it is larger than a house conversion, the managing agent is directed by the tenants.
How is the lease structured?
Be sure to enquire if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in in a block in Forest Row. If you like the apartmentin Forest Row but your dog is not allowed to move with you then you will be presented with a difficult compromise.