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While any conveyancing practice can theoretically handle your leasehold conveyancing in Mexborough, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Mexborough leasehold conveyancing

I only have Fifty years left on my lease in Mexborough. I need to get lease extension but my landlord is can not be found. What are my options?

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 mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the landlord. On the whole an enquiry agent would be helpful to try and locate and prepare a report which can be used 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 Mexborough.

My wife and I purchased a leasehold house in Mexborough. Conveyancing and Virgin Money mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Mexborough who previously acted has long since retired.Do I pay?

First contact HMLR to make sure that this person is indeed the new freeholder. You do not need to instruct a Mexborough conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note 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 employed by a long established estate agent office in Mexborough where we have experienced a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Mexborough conveyancing firms. Could you confirm whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to finding a Mexborough conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Mexborough conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Mexborough conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How many lease extensions have they completed in Mexborough in the last twenty four months?
  • What are the costs for lease extension work?

    • Do you have any advice for leasehold conveyancing in Mexborough from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Mexborough can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold information which will be required by the buyers lawyers.
    • Many freeholders or managing agents in Mexborough levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Mexborough.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Mexborough state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such alterations. Where you fail to have the consents to hand do not communicate with the landlord without contacting your lawyer before hand.
  • A minority of Mexborough leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 reveal the dispute as historic rather than unsettled.

    • Mexborough Leasehold Conveyancing - A selection of Queries before buying

      Who are the managing agents? Is anyone aware of any major works anticipated that could add a premium to the service charges? How is the lease structured?

    Other Topics

    Lease Extensions in Mexborough