Top Five Questions relating to Lunt leasehold conveyancing
I am in need of some leasehold conveyancing in Lunt. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is registered - and 99.9% are in Lunt - then the leasehold title will always include the basic details 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.
Having checked my lease I have discovered that there are only 62 years left on my flat in Lunt. I am keen to get lease extension but my freeholder is missing. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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 Court. You will be obliged to demonstrate that you have done all that could be expected to track down the lessor. On the whole a specialist would be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Lunt.
Back In 2009, I bought a leasehold house in Lunt. Conveyancing and Clydesdale mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Lunt who previously acted has long since retired.Do I pay?
First contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Lunt conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am attracted to a couple of maisonettes in Lunt both have in the region of 50 years unexpired on the leases. should I be concerned?
A lease is a legal document that entitles you to use the property for a period of time. As the lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this field
What advice can you give us when it comes to finding a Lunt conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Lunt conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Lunt conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:
- How familiar is the firm with lease extension legislation?
Leasehold Conveyancing in Lunt - Examples of Queries before Purchasing
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What restrictions exist in the Lunt Lease?
Are there any major works in the planning that could increase the maintenance fees?
On the whole the cost for major works tend not to be incorporated into the service charges, although a few managing agents in Lunt require leaseholders to contribute towards a sinking fund created for the specific intention of building a fund for larger works.
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