Experts for Leasehold Conveyancing in Dartmouth Park

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Recently asked questions relating to Dartmouth Park leasehold conveyancing

I have recently realised that I have 72 years remaining on my flat in Dartmouth Park. I need to get lease extension but my landlord 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 for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases an enquiry agent should be helpful to conduct investigations and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Dartmouth Park.

Due to exchange soon on a ground floor flat in Dartmouth Park. Conveyancing lawyers have said that they report fully next week. What should I be looking out for?

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

  • The total extent of the property. This will be the flat itself but could also include a loft or basement if applicable.
  • Defining your legal entitlements in respect of common areas in the block.For instance, does the lease contain a right of way over an accessway or staircase?
  • Changes to the flat (alterations and additions)
  • 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
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Dartmouth Park please ask your conveyancer in advance of your conveyancing in Dartmouth Park

    • I have just appointed agents to market my 2 bed apartment in Dartmouth Park.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 managing agents 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.

    I've recently bought a leasehold flat in Dartmouth Park. Do I have any liability for service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

    Can you provide any advice for leasehold conveyancing in Dartmouth Park with the purpose of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Dartmouth Park can be reduced where you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Dartmouth Park state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. Should you dont have the paperwork in place you should not contact the landlord without checking with your conveyancer in advance.
  • A minority of Dartmouth Park leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a replacement share certificate can be a lengthy formality and frustrates many a Dartmouth Park conveyancing deal. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

    • I inherited a first floor flat in Dartmouth Park. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium due for a lease extension?

    Most definitely. We can put you in touch with a Dartmouth Park conveyancing firm who can help.

    An example of a Lease Extension case for a Dartmouth Park premises is Flat 2 27 Mackeson Road in December 2012. The Tribunal assessed the value of the lease extension premium at £35,435 and rounded the figure to £35,500 This case affected 1 flat. The remaining number of years on the lease was 64.77 years.

    Other Topics

    Lease Extensions in Dartmouth Park