Hurst Green leasehold conveyancing Example Support Desk Enquiries
I have recently realised that I have 68 years left on my lease in Hurst Green. I now want to get lease extension but my landlord is missing. What should I do?
On the basis that 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 extended by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the lessor. On the whole a specialist would be helpful to try and locate and prepare a report which can be used as evidence that the landlord can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court covering Hurst Green.
I today plan to offer on a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Hurst Green. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
The majority of houses in Hurst Green 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. It is clear that you are buying in Hurst Green in which case you should be looking for a Hurst Green conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.
I am employed by a busy estate agent office in Hurst Green where we have experienced a few leasehold sales derailed due to short leases. I have received conflicting advice from local Hurst Green conveyancing firms. Please can you confirm 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 been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is 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 offer any advice when it comes to finding a Hurst Green conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Hurst Green 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 talk with two or three firms including non Hurst Green conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:
- How familiar is the practice with lease extension legislation?
All being well we will complete the disposal of our £275000 apartment in Hurst Green next week. The managing agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Hurst Green?
Hurst Green conveyancing on leasehold flats often necessitates the buyer’s lawyer submitting enquiries for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be content to do so. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that one has no choice but to pay whatever is demanded if you want to sell the property.
Hurst Green Leasehold Conveyancing - Examples of Questions you should ask before buying
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It would be prudent to discover if there are any onerous restrictions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Hurst Green. If you love the apartmentin Hurst Green yet your cat is not allowed to move with you then you have a very hard decision.
Please note if it is less than 80 years it will affect the marketability of the flat. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension at some point and it is worth finding out how much this will be. Remember, in most cases you will be required to have been the owner of the property for two years before you are entitled to extend the lease.
What restrictions exist in the Hurst Green Lease?
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