Top Five Questions relating to Middlesbrough leasehold conveyancing
I am on look out for some leasehold conveyancing in Middlesbrough. Before diving in I require certainty as to the remaining lease term.
Assuming the lease is registered - and almost all are in Middlesbrough - then the leasehold title will always include the short particulars 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.
Due to sign contracts shortly on a basement flat in Middlesbrough. Conveyancing lawyers have said that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Middlesbrough should include some of the following:
- The physical extent of the property. This will be the flat itself but might include a loft or cellar if applicable.
Back In 2008, I bought a leasehold house in Middlesbrough. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Middlesbrough who acted for me is not around.Any advice?
The first thing you should do is contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Middlesbrough conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I work for a reputable estate agency in Middlesbrough where we have witnessed a number of flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Middlesbrough conveyancing solicitors. Could you confirm whether the vendor of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
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 buyer.
Do you have any top tips for leasehold conveyancing in Middlesbrough from the point of view of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Middlesbrough can be avoided where you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
- The majority landlords or managing agents in Middlesbrough charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Middlesbrough.
Middlesbrough Leasehold Conveyancing - Sample of Queries before Purchasing
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How long is the Lease?
On the whole the cost for major works are not included within service charges, albeit that a few managing agents in Middlesbrough obliged tenants to pay into a sinking fund and this is used to offset against larger works.
How much is the service charge and ground rent on the property?
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