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

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Frequently asked questions relating to Kempston leasehold conveyancing

I only have 68 years unexpired on my flat in Kempston. I need to get lease extension but my freeholder is can not be found. 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 an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the freeholder. In some cases an enquiry agent would be helpful to carry out a search and to produce a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Kempston.

Expecting to complete next month on a leasehold property in Kempston. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Kempston should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the demise. This will be the apartment itself but may include a roof space or cellar if applicable.
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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 For a comprehensive list of information to be included in your report on your leasehold property in Kempston please enquire of your lawyer in ahead of your conveyancing in Kempston

  • I own a leasehold flat in Kempston. Conveyancing and Alliance & Leicester mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Kempston who acted for me is not around.What should I do?

    The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Kempston conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold flat in Kempston. Am I liable to pay service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Are there frequently found problems that you come across in leases for Kempston properties?

    Leasehold conveyancing in Kempston is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, The Royal Bank of Scotland, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

    Kempston Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

      Make sure you investigate if the the lease includes any adverse restrictions in the lease. For instance it is very common in Kempston leases that pets are not allowed in in a block in Kempston. If you like the propertyin Kempston but your cat can’t move with you then you have a very difficult decision. If a Kempston lease has no more than 80 years it will have adverse implications on the salability of the flat. Check with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably require a lease extension at some point and you need to have some idea of how much this would cost. For most Kempstonlease extensions you will be be obliged to have been the owner of the premises for 24 months before you are entitled to exercise a lease extension. The best form of lease structure is a share of the freehold. In this arrangement the leaseholders benefit from control and although a managing agent is usually employed where the building is bigger than a house conversion, the managing agent retained by the leaseholders.

    Other Topics

    Lease Extensions in Kempston