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Common questions relating to Haslington leasehold conveyancing

I am in need of some leasehold conveyancing in Haslington. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Haslington - 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 Fifty years unexpired on my lease in Haslington. I now wish to get lease extension 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the lessor. For most situations an enquiry agent may be useful to try and locate and to produce a report to be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Haslington.

I am hoping to sign contracts shortly on a ground floor flat in Haslington. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • The total extent of the demise. This will be the apartment itself but might include a loft or basement if appropriate.
  • Setting out your legal entitlements in relation to common areas in the block.For instance, does the lease grant a right of way over a path or staircase?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • 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 a comprehensive list of information to be included in your report on your leasehold property in Haslington please ask your solicitor in ahead of your conveyancing in Haslington

    • I work for a busy estate agent office in Haslington where we have experienced a number of flat sales jeopardised due to short leases. I have been given contradictory information from local Haslington conveyancing firms. Can you clarify whether the seller of a flat can commence 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 commence 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 wait 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 simultaneously with 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 buyer.

    Can you provide any top tips for leasehold conveyancing in Haslington with the purpose of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Haslington can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
    • Many landlords or managing agents in Haslington charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Haslington.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Haslington state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you fail to have the approvals to hand do not contact the landlord without checking with your lawyer in the first instance.
  • A minority of Haslington leases require Licence to Assign from the landlord. If this is the case, you should 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 yearly 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 lawyers.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Haslington - Sample of Queries before buying

      Where a Haslington lease has less than 80 years it will impact the salability of the apartment. It is worth checking with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably require a lease extension at some point and you need to have some idea of what this would cost. Remember, in most cases you would need to own the residence for 24 months before you are entitled to extend the lease. On the whole the cost for major works are not wrapped into the maintenance charges, although there some managing agents in Haslington require tenants to contribute towards a sinking fund created for the specific intention of building a fund for major works. Is the freehold owned collectively by the leaseholders?

    Other Topics

    Lease Extensions in Haslington