Questions and Answers: Leigh On Sea leasehold conveyancing
Planning to complete next month on a basement flat in Leigh On Sea. Conveyancing lawyers assured me that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Leigh On Sea should include some of the following:
- The total extent of the premises. This will be the property itself but may incorporate a roof space or basement if applicable.
Back In 2004, I bought a leasehold flat in Leigh On Sea. Conveyancing and Bank of Scotland mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Leigh On Sea who previously acted has long since retired.What should I do?
The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Leigh On Sea conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am tempted by the attractive purchase price for a couple of apartments in Leigh On Sea which have about fifty years left on the leases. should I be concerned?
A lease is a right to use the property for a period of time. As a lease gets shorter the marketability of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is generally wise to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this area
Can you offer any advice when it comes to appointing a Leigh On Sea conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for lease extension works (regardless if they are a Leigh On Sea conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Leigh On Sea conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How experienced is the firm with lease extension legislation?
When it comes to leasehold conveyancing in Leigh On Sea what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Leigh On Sea. Most leases is drafted differently and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the building
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Coventry Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.
Leigh On Sea Leasehold Conveyancing - Sample of Queries Prior to buying
Are there any major works in the near future that will likely add a premium to the service charges?
Is there a share of the freehold?
Be sure to enquire if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Leigh On Sea. If you love the flatin Leigh On Sea but your dog can’t make the move with you then you have a very difficult choice.