Hillsborough leasehold conveyancing: Q and A’s
I am in need of some leasehold conveyancing in Hillsborough. Before I get started I require certainty as to the remaining lease term.
Assuming the lease is recorded at the land registry - and almost all are in Hillsborough - 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.
I have recently realised that I have 62 years remaining on my lease in Hillsborough. I need to extend my lease 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 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 granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases a specialist would be helpful to try and locate and prepare an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Hillsborough.
I have just started marketing my ground floor flat in Hillsborough.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
What are your top tips when it comes to finding a Hillsborough conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for your lease extension (regardless if they are a Hillsborough conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Hillsborough conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How many lease extensions have they carried out in Hillsborough in the last year?
Do you have any advice for leasehold conveyancing in Hillsborough with the aim of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Hillsborough can be bypassed where you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Hillsborough leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. Where you dont have the approvals to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
Hillsborough Leasehold Conveyancing - Sample of Queries before buying
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Is anyone aware of any major works in the near future that will increase the service charges?
The answer will be important as a) areas may result in problems in the block as the communal areas may start to deteriorate if services remain unpaid b) if the tenants have a dispute with the managing agents you will want to know about it
It would be sensible to discover as much as you can regarding the managing agents as they will either make your living at the property much easier or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to practical matters such as the tidiness of the common parts. Don't be shy to ask other people what they think of their service. On a final note, find out the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money.
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