Frequently asked questions relating to Hengoed leasehold conveyancing
I am on look out for some leasehold conveyancing in Hengoed. Before diving in I want to be sure as to the number of years remaining on the lease.
Assuming the lease is registered - and almost all are in Hengoed - then the leasehold title will always include the short particulars 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 62 years left on my flat in Hengoed. I need to extend my lease but my freeholder is missing. 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 submit an application 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 Court. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the landlord. In some cases an enquiry agent may be helpful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Hengoed.
Looking forward to complete next month on a ground floor flat in Hengoed. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Hengoed should include some of the following:
- You should receive a copy of the lease
I am a negotiator for a reputable estate agent office in Hengoed where we have experienced a few leasehold sales derailed as a result of short leases. I have been given contradictory information from local Hengoed conveyancing solicitors. Can you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease 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 need not have 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 before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.
Can you offer any advice when it comes to choosing a Hengoed conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Hengoed conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Hengoed conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- If the firm is not ALEP accredited then why not?
Hengoed Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
In the main the outlay for major works tend not to be included within service charges, although some managing agents in Hengoed require leasehold owners to pay into a sinking fund created for the specific purpose of building a fund for major repairs or maintenance.
Is anyone aware of any major works in the near future that could add a premium to the maintenance charges?
Does the lease have onerous restrictions?