Common questions relating to Mansfield leasehold conveyancing
Having checked my lease I have discovered that there are only 72 years left on my lease in Mansfield. 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 submit an application 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. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. For most situations an enquiry agent should be helpful to conduct investigations and to produce a report which can be used as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Mansfield.
I am hoping to exchange soon on a ground floor flat in Mansfield. Conveyancing lawyers inform me that they are sending me a report tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in Mansfield should include some of the following:
- Defining your legal entitlements in relation to the communal areas in the block.E.G., does the lease include a right of way over an accessway or hallways?
I have just started marketing my 2 bed flat in Mansfield.Conveyancing has not commenced but I have just received a half-yearly 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 management companies 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. This will smooth the conveyancing process.
What advice can you give us when it comes to appointing a Mansfield conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Mansfield conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Mansfield conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- How familiar is the firm with lease extension legislation?
If all goes to plan we aim to complete our sale of a £475000 flat in Mansfield on Wednesday in a week. The freeholder has quoted £396 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Mansfield?
Mansfield conveyancing on leasehold maisonettes normally requires the buyer’s conveyancer submitting questions for the landlord to answer. Although the landlord is not legally bound to address these enquiries the majority will be content to assist. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the invoice is technically not due. Reality however dictates that you have little option but to pay whatever is requested of you should you wish to complete the sale of your home.
Mansfield Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
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You will want to find out as much as you can about the company managing the block as they can either make life much easier or a lot more difficult. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues such as the tidiness of the communal areas. Don't be afraid to ask other tenants what they think of them. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes.
Best to be warned if redecorating or some other significant cost is due shortly to be shared amongst the leaseholders and could well materially impact the level of the service charges or necessitate a one off payment.
This information is useful as a) areas can cause problems in the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to know about it
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