Top Five Questions relating to Great Dunmow leasehold conveyancing
I am in need of some leasehold conveyancing in Great Dunmow. Before I get started I want to be sure as to the unexpired term of the lease.
If the lease is registered - and 99.9% are in Great Dunmow - 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 have recently realised that I have Sixty One years left on my flat in Great Dunmow. I now want to extend my lease but my landlord is absent. What are my options?
If 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 extended by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the freeholder. For most situations an enquiry agent would be helpful to carry out a search and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing Great Dunmow.
What advice can you give us when it comes to appointing a Great Dunmow conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Great Dunmow conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Great Dunmow conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If the firm is not ALEP accredited then what is the reason?
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £225000 maisonette in Great Dunmow in 10 days. The landlords agents has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Great Dunmow?
Great Dunmow conveyancing on leasehold maisonettes ordinarily involves administration charges raised by managing agents :
- Answering pre-contract enquiries
- Where consent is required before sale in Great Dunmow
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
In relation to leasehold conveyancing in Great Dunmow what are the most common lease problems?
There is nothing unique about leasehold conveyancing in Great Dunmow. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:
- Repairing obligations 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.
- Service charge per centages that don't add up correctly leaving a shortfall
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. Birmingham Midshires, The Royal Bank of Scotland, and Alliance & Leicester 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 problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.
Leasehold Conveyancing in Great Dunmow - Examples of Questions you should consider Prior to Purchasing
What prohibitions exist in the Great Dunmow Lease?
Are any of leasehold owners in arrears of their service charge payments?
It is important to be aware whether window replacement or some other major work is pending that will be shared between the tenants and will materially impact the level of the service fees or require a specific invoice.