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Frequently asked questions relating to Guisborough leasehold conveyancing

There are only Fifty years remaining on my flat in Guisborough. I now want to extend my lease but my freeholder is missing. What options are available to me?

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 mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. On the whole a specialist may be helpful to try and locate and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Guisborough.

Planning to exchange soon on a garden flat in Guisborough. Conveyancing solicitors assured me that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Guisborough should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in relation to common areas in the block.For example, does the lease contain a right of way over a path or staircase?
  • Does the lease prevent you from letting out the flat, or having a home office for business
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Guisborough please enquire of your lawyer in advance of your conveyancing in Guisborough

    • 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 just found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Guisborough. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Guisborough ?

    The majority of houses in Guisborough are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Guisborough so you should seriously consider shopping around for a Guisborough conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will report to you on the legal implications.

    Do you have any top tips for leasehold conveyancing in Guisborough with the aim of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Guisborough can be avoided where you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Guisborough leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such alterations. If you dont have the consents to hand you should not communicate with the landlord without contacting your conveyancer in advance.
  • Some Guisborough leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a re-issued share certificate is often a lengthy formality and delays many a Guisborough home move. If a new share is required, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • Completion in due on our sale of a £175000 apartment in Guisborough in 10 days. The landlords agents has quoted £324 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Guisborough?

    Guisborough conveyancing on leasehold maisonettes usually necessitates the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to do so. They may levy a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge invoiced by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that you have little option but to pay whatever is demanded if you want to sell the property.

    Guisborough Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

      What is the maintenance charge and ground rent on the property? This information is useful as a) areas could cause problems in the building as the common areas may start to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will want to have complete disclosure It is important to be aware whether redecorating or some other major work is due shortly to be shared amongst the leasehold owners and will dramatically impact the level of the maintenance charges or require a one off payment.

    Other Topics

    Lease Extensions in Guisborough