Frequently asked questions relating to Heywood leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Heywood. Before diving in I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in Heywood - 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 unexpired on my lease in Heywood. I need to extend my lease but my freeholder is can not be found. What options are available to me?
On the basis that you qualify, 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 mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Heywood.
I today plan to offer on a house that appears to be perfect, at a great 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 particular concerns buying a house with a leasehold title in Heywood. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Heywood ?
The majority of houses in Heywood are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Heywood so you should seriously consider shopping around for a Heywood conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.
My wife and I purchased a leasehold house in Heywood. Conveyancing and Britannia mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Heywood who acted for me is not around.Do I pay?
First make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Heywood conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing a Heywood conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Heywood conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Heywood conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- How familiar is the firm with lease extension legislation?
Heywood Leasehold Conveyancing - A selection of Queries Prior to buying
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Be sure to find out if there are any onerous restrictions in the lease. For example it is very common in Heywood leases that pets are not permitted in in a block in Heywood. If you like the flatin Heywood however your cat is not allowed to live with you then you will be presented with a difficult compromise.
How much is the service charge and ground rent on the property?
Plenty Heywood leasehold properties will incur a service bill for the upkeep of the building set by the management company. Where you buy the flat you will have to meet this contribution, usually in instalments accross the year. This may vary from a few hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a ground rent to be met yearly, normally this is not a large figure, say around £25-£75 but you need to enquire it because on occasion it could be surprisingly expensive.
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