Sample questions relating to Halifax leasehold conveyancing
I am on look out for some leasehold conveyancing in Halifax. Before I set the wheels in motion I want to be sure as to the remaining lease term.
If the lease is registered - and almost all are in Halifax - 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.
There are only 72 years unexpired on my flat in Halifax. I need to get lease extension but my freeholder is missing. What options are available to me?
On the basis that you qualify, 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 lengthened by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. On the whole a specialist may be useful to carry out a search and to produce a report which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Halifax.
I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Halifax. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
Most houses in Halifax are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Halifax in which case you should be looking for a Halifax conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.
Back In 2003, I bought a leasehold flat in Halifax. Conveyancing and Yorkshire Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Halifax who acted for me is not around.Any advice?
First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Halifax conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Completion in due on our sale of a £500000 apartment in Halifax in seven days. The landlords agents has quoted £348 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Halifax?
Halifax conveyancing on leasehold apartments typically necessitates administration charges invoiced by managing agents :
- Answering conveyancing due diligence enquiries
- Where consent is required before sale in Halifax
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Halifax Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
Where a Halifax lease has no more than eighty years it will affect the salability of the apartment. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will probably have to extend the lease sooner rather than later and it is worth discovering how much this would cost. For most Halifaxlease extensions you will need to own the premises for 24 months in order to be entitled to extend the lease.
How much is the maintenance charge and ground rent on the property?
It would be sensible to find out if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in in a block in Halifax. If you love the flatin Halifax but your cat is not allowed to move with you then you have a very hard choice.