Sample questions relating to Chase Cross leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Chase Cross. Before I set the wheels in motion I would like to find out the unexpired term of the lease.
If the lease is registered - and most are in Chase Cross - 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.
Back In 2000, I bought a leasehold house in Chase Cross. Conveyancing and Barnsley Building Society mortgage organised. I have received a letter 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 Chase Cross who previously acted has long since retired.Do I pay?
First make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Chase Cross conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to appointing a Chase Cross conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Chase Cross conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Chase Cross conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- How familiar is the firm with lease extension legislation?
- Can they put you in touch with client in Chase Cross who can give a testimonial?
Do you have any advice for leasehold conveyancing in Chase Cross from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Chase Cross can be reduced where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
- Many landlords or Management Companies in Chase Cross charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Chase Cross.
- A minority of Chase Cross leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 purchasers or their lawyers.
- If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
- If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a re-issued share certificate can be a time consuming formality and delays many a Chase Cross home move. If a reissued share certificate is necessary, do contact the company officers or managing agents (where relevant) for this as soon as possible.
All being well we will complete the disposal of our £ 125000 maisonette in Chase Cross in 5 days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Chase Cross?
Chase Cross conveyancing on leasehold apartments more often than not necessitates the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be willing to do so. They are entitled charge a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you if you want to sell the property.
I am the leaseholder of a a ground floor purpose built flat in Chase Cross. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?
Where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to calculate the price.
An example of a Lease Extension matter before the tribunal for a Chase Cross flat is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The remaining number of years on the lease was 57.5 years.
I own a 1st floor flat in Chase Cross, conveyancing was carried out in 2009. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Chase Cross with a long lease are worth £218,000. The average or mid-range amount of ground rent is £50 yearly. The lease terminates on 21st October 2089
With 63 years unexpired we estimate the price of your lease extension to range between £19,000 and £22,000 as well as legals.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first getting professional advice.