Frequently asked questions relating to St Luke's leasehold conveyancing
I have recently realised that I have 72 years remaining on my flat in St Luke's. I am keen to extend my lease but my landlord is absent. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 magistrate. However, you will be required to prove that you have used your best endeavours to locate the freeholder. On the whole a specialist may be useful to conduct investigations and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering St Luke's.
Expecting to complete next month on a ground floor flat in St Luke's. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in St Luke's should include some of the following:
- Are pets allowed in the flat?
Estate agents have just been given the go-ahead to market my basement apartment in St Luke's.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge demand – Do I pay up?
The sensible thing to do is discharge 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 until 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 am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in St Luke's. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in St Luke's ?
Most houses in St Luke's are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in St Luke's in which case you should be shopping around for a St Luke's conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your conveyancer will report to you on the legal implications.
Can you provide any top tips for leasehold conveyancing in St Luke's from the point of view of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in St Luke's can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information which will be required by the purchasers’ solicitors.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in St Luke's state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Should you fail to have the consents to hand do not contact the landlord without checking with your conveyancer in advance.
I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a St Luke's conveyancing firm to represent me?
Most definitely. We are happy to put you in touch with a St Luke's conveyancing firm who can help.
An example of a Lease Extension case for a St Luke's residence is 137 & 139 Haberdasher Street in December 2013. The Tribunal determines in accordance with section 48 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 that the premium for the extended lease for each Property should be £12,350.00. This case affected 2 flats. The the unexpired term as at the valuation date was 72.39 years.
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