Fixed-fee leasehold conveyancing in Hadleigh:

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Top Five Questions relating to Hadleigh leasehold conveyancing

I only have 62 years unexpired on my lease in Hadleigh. I need to get lease extension but my freeholder is can not be found. What are my options?

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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to find the lessor. For most situations an enquiry agent should be helpful to conduct investigations and prepare a report which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Hadleigh.

I am hoping to exchange soon on a garden flat in Hadleigh. Conveyancing lawyers have said that they will have a report out to me tomorrow. What should I be looking out for?

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

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You need to be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • 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.
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Hadleigh please enquire of your lawyer in advance of your conveyancing in Hadleigh

    • My wife and I purchased a leasehold house in Hadleigh. Conveyancing and Godiva Mortgages Ltd mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Hadleigh who acted for me is not around.Any advice?

    The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Hadleigh conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I've recently bought a leasehold property in Hadleigh. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Can you provide any top tips for leasehold conveyancing in Hadleigh from the perspective of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Hadleigh can be reduced where you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
    • Many freeholders or Management Companies in Hadleigh levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Hadleigh.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Hadleigh state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you dont have the consents to hand you should not contact the landlord without checking with your solicitor in the first instance.
  • Some Hadleigh leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Hadleigh - Sample of Questions you should consider before Purchasing

      Please note that where the lease has less than eighty years it will affect the value of the apartment. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will probably require a lease extension sooner rather than later and it is worth finding out what this would cost. For most Hadleighlease extensions you would need to own the residence for a couple of years in order to be eligible to extend the lease. It would be wise to find out as much as you can concerning the managing agents as they will either make your living at the property much easier or a lot more difficult. As the owner of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the cleanliness of the common parts. Ask other people what they think of their service. On a final note, find out the dates that the maintenance fees are due to the managing agents and precisely how they are spending the funds. Who is in charge of the building?

    Other Topics

    Lease Extensions in Hadleigh