Questions and Answers: Millom leasehold conveyancing
Having checked my lease I have discovered that there are only 72 years left on my flat in Millom. I now wish to extend my lease but my freeholder is missing. 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 mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. For most situations a specialist would be helpful to conduct investigations and to produce a report which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Millom.
I have just appointed agents to market my ground floor flat in Millom.Conveyancing is yet to be initiated but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay 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. Having a clear account will assist your cause and will leave you no worse off financially.
I've found a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Millom. Conveyancing advisers have not yet been instructed. Will they explain the issues?
The majority of houses in Millom are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Millom so you should seriously consider looking for a Millom conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should appraise you on the various issues.
Do you have any advice for leasehold conveyancing in Millom from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Millom can be reduced where you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Millom state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. If you dont have the consents in place you should not communicate with the landlord without contacting your solicitor before hand.
What makes a Millom lease problematic?
Leasehold conveyancing in Millom is not unique. Most leases are individual and drafting errors can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the premises
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Bank of Scotland, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.
Millom Leasehold Conveyancing - Sample of Questions you should consider before Purchasing
Best to be warned if window replacement or some other significant cost is due in the near future to be shared by the leasehold owners and could well dramatically increase the the service fees or necessitate a specific invoice.
The answer will be important as a) areas can result in problems in the building as the common areas may start to deteriorate where maintenance are not paid for b) if the leaseholders have an issue with the managing agents you will wish to have complete disclosure
It would be prudent to find out as much as you can about the company managing the building as they will affect your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to daily issues like the cleanliness of the communal areas. Don't be afraid to ask prospective neighbours if they are happy with their management. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely how they are spending the funds.