Leasehold Conveyancing in Hope Valley - Get a Quote from the leasehold experts approved by your lender

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Top Five Questions relating to Hope Valley leasehold conveyancing

I have recently realised that I have 62 years unexpired on my lease in Hope Valley. I am keen to get lease extension but my freeholder is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the landlord. For most situations a specialist would be useful to conduct investigations and to produce a report to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Hope Valley.

Looking forward to complete next month on a studio apartment in Hope Valley. Conveyancing solicitors assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the premises. This will be the flat itself but could also incorporate a loft or basement if appropriate.
  • Will you be prohibited or prevented from having pets in the property?
  • Does the lease prevent you from renting out the property, or working from home
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Hope Valley please enquire of your solicitor in advance of your conveyancing in Hope Valley

    • I have just appointed agents to market my ground floor apartment in Hope Valley.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should clear the service charge 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 until 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I am a negotiator for a busy estate agency in Hope Valley where we have experienced a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Hope Valley conveyancing solicitors. Can you clarify whether the seller of a flat can initiate the lease extension process for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start 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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed 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 buyer.

    What advice can you give us when it comes to finding a Hope Valley conveyancing firm to carry out our lease extension conveyancing?

    When appointing a solicitor for lease extension works (regardless if they are a Hope Valley conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Hope Valley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • How many lease extensions have they completed in Hope Valley in the last year?
  • Can they put you in touch with client in Hope Valley who can give a testimonial?

    • Hope Valley Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

      The best form of lease structure is a share of the freehold. In this arrangement the leaseholders have control and notwithstanding that a managing agent is often retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. This information is important as a) areas can cause problems for the building as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have all the details How long is the Lease?

    Other Topics

    Lease Extensions in Hope Valley