Examples of recent questions relating to leasehold conveyancing in Great Sankey
Planning to complete next month on a ground floor flat in Great Sankey. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Great Sankey should include some of the following:
- Defining your rights in respect of common areas in the block.E.G., does the lease permit a right of way over an accessway or hallways?
Back In 2003, I bought a leasehold flat in Great Sankey. Conveyancing and HSBC Bank mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Great Sankey who previously acted has long since retired.Any advice?
The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Great Sankey conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, 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 employed by a reputable estate agent office in Great Sankey where we have witnessed a few flat sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Great Sankey conveyancing solicitors. Can you confirm whether the vendor of a flat can initiate 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 kick-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 sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as 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.
What advice can you give us when it comes to appointing a Great Sankey conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a Great Sankey conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Great Sankey conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How experienced is the firm with lease extension legislation?
Can you provide any top tips for leasehold conveyancing in Great Sankey from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Great Sankey can be avoided where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
- The majority landlords or managing agents in Great Sankey charge for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Great Sankey.
Great Sankey Leasehold Conveyancing - A selection of Queries Prior to buying
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How is the lease structured?
What is the length of the lease?
It would be sensible to find out as much as you can regarding the managing agents as they can either make your life much easier or uncomfortable. As the proprietor of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to practical issues like the upkeep of the communal areas. You should not be shy to ask other tenants whether they are happy with them. Finally, find out the dates that the service fees are due to the managing agents and precisely how they are spending that money.
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