Guaranteed fixed fees for Leasehold Conveyancing in Leigh On Sea

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Common questions relating to Leigh On Sea leasehold conveyancing

Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Leigh On Sea. I need to extend my lease but my freeholder is can not be found. What should I do?

If 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 enable the lease to be extended by the Court. You will be obliged to prove that you have used your best endeavours to locate the freeholder. In some cases a specialist may be helpful to conduct investigations and prepare a report which can be accepted by the court as proof that the freeholder 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 overseeing Leigh On Sea.

I have just appointed agents to market my basement apartment in Leigh On Sea.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – Do I pay up?

The sensible thing to do is pay 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 management companies will not acknowledge the buyer unless 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.

Back In 2005, I bought a leasehold house in Leigh On Sea. Conveyancing and Bank of Ireland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Leigh On Sea who acted for me is not around.Do I pay?

The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Leigh On Sea conveyancing firm to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to finding a Leigh On Sea conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Leigh On Sea conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Leigh On Sea conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

  • How experienced is the practice with lease extension legislation?
  • What are the costs for lease extension conveyancing?

  • What makes a Leigh On Sea lease defective?

    Leasehold conveyancing in Leigh On Sea is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the premises
    • 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 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. Yorkshire Building Society, Virgin Money, and Britannia all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    Leigh On Sea Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying

      Who are the managing agents? Plenty Leigh On Sea leasehold flats will incur a service charge for maintenance of the block invoiced by the freeholder. If you acquire the apartment you will have to meet this liability, normally periodically throughout the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent for you to pay annual, this is usually not a exorbitant sum, say around £50-£100 but you should to enquire as sometimes it can be surprisingly expensive. What is the the remaining lease term?

    Other Topics

    Lease Extensions in Leigh On Sea