Fixed-fee leasehold conveyancing in Minehead:

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Leasehold conveyancing in Minehead is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Minehead and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Minehead leasehold conveyancing Example Support Desk Enquiries

I only have 72 years left on my lease in Minehead. I need to get lease extension but my freeholder is missing. What options are available to me?

On the basis that you qualify, 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 find the landlord. For most situations a specialist would be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Minehead.

My wife and I purchased a leasehold house in Minehead. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Minehead who previously acted has long since retired.Any advice?

First contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Minehead conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold property in Minehead. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any top tips for leasehold conveyancing in Minehead from the perspective of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Minehead can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
  • Many freeholders or Management Companies in Minehead levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Minehead.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Minehead state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. Where you dont have the consents in place do not communicate with the landlord without checking with your conveyancer first.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Organising a replacement share certificate is often a lengthy process and slows down many a Minehead home move. Where a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is below 75 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • What makes a Minehead lease unacceptable for security purposes?

    Leasehold conveyancing in Minehead is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Chelsea Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Minehead Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

      You should want to find out as much as possible regarding the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day issues such as the upkeep of the common parts. Enquire of prospective neighbours whether they are happy with them. In conclusion, be sure you understand the dates that the maintenance charges are due to the relevant party and specifically how they are spending that money. Generally speaking the cost for major works tend not to be included within service charges, although some managing agents in Minehead obliged tenants to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. How many of the leaseholders are in arrears for their maintenance charge payments?

    Other Topics

    Lease Extensions in Minehead