Questions and Answers: Maidenhead leasehold conveyancing
Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Maidenhead. I now want to get lease extension but my landlord is missing. What options are available to me?
On the basis that 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 enable the lease to be extended by the Court. You will be obliged to prove that you have made all reasonable attempts to locate the landlord. For most situations a specialist may be helpful to try and locate and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court covering Maidenhead.
I am hoping to sign contracts shortly on a basement flat in Maidenhead. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Maidenhead should include some of the following:
- How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
My wife and I purchased a leasehold flat in Maidenhead. Conveyancing and Halifax mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Maidenhead who acted for me is not around.What should I do?
First make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Maidenhead conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am attracted to a two apartments in Maidenhead both have approximately 50 years left on the leases. should I be concerned?
There is no doubt about it. A leasehold flat in Maidenhead is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it adversely affects the salability of the property. For most purchasers and mortgage companies, leases with under eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Maidenhead conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Can you provide any advice for leasehold conveyancing in Maidenhead from the point of view of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Maidenhead can be avoided where you get in touch lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers lawyers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Maidenhead state that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the approvals to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
I am the registered owner of a studio flat in Maidenhead, conveyancing was carried out in 1998. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Maidenhead with an extended lease are worth £263,000. The average or mid-range amount of ground rent is £45 per annum. The lease comes to an end on 21st October 2092
With just 67 years left to run we estimate the price of your lease extension to be between £13,300 and £15,400 as well as legals.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
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