Examples of recent questions relating to leasehold conveyancing in Hurst Green
I am on look out for some leasehold conveyancing in Hurst Green. Before diving in I require certainty as to the remaining lease term.
Assuming the lease is registered - and most are in Hurst Green - 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 Seventy years unexpired 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 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 magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. On the whole an enquiry agent should be useful to carry out a search and to produce a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Hurst Green.
Can you offer any advice when it comes to finding a Hurst Green conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Hurst Green conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires 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 useful:
- How familiar is the practice with lease extension legislation?
Do you have any advice for leasehold conveyancing in Hurst Green with the intention of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Hurst Green can be reduced if you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers solicitors.
- A minority of Hurst Green leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
What are the common deficiencies that you see in leases for Hurst Green properties?
Leasehold conveyancing in Hurst Green is not unique. All leases is drafted differently and drafting errors can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Barnsley Building Society, and Nottingham Building Society all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.
Hurst Green Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
You will want to find out as much as you can concerning the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters such as the cleanliness of the common parts. You should not be afraid to ask prospective neighbours what they think of them. In conclusion, be sure you discover the dates that the service charges are due to the relevant party and precisely what you get for your money.
Many Hurst Green leasehold flats will incur a service charge for maintenance of the block invoiced on behalf of the management company. If you purchase the apartment you will have to pay this liability, usually in instalments during the year. This can differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent for you to pay annual, normally this is not a large figure, say around £50-£100 but you need to enquire as on occasion it can be many hundreds of pounds.
Make sure you find out if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being permitted in in a block in Hurst Green. If you like the apartmentin Hurst Green but your cat is not allowed to make the move with you then you will be presented with a hard determination.