Fixed-fee leasehold conveyancing in Moor Row:

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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Moor Row, 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 Moor Row leasehold conveyancing

Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Moor Row. I now want to extend my lease but my landlord is absent. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to prove that you have used your best endeavours to locate the freeholder. In some cases an enquiry agent may be useful to try and locate and prepare an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court covering Moor Row.

I have just started marketing my basement flat in Moor Row.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 managing agents 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.

What advice can you give us when it comes to choosing a Moor Row conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Moor Row conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Moor Row conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • If they are not ALEP accredited then why not?
  • What are the charges for lease extension work?

    • Do you have any advice for leasehold conveyancing in Moor Row with the intention of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Moor Row can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers representatives.
    • Many freeholders or Management Companies in Moor Row charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information 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 frustration in leasehold conveyancing in Moor Row.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Moor Row leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Where you fail to have the approvals in place do not contact the landlord without contacting your lawyer first.
  • A minority of Moor Row leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a lengthy formality and delays many a Moor Row conveyancing transaction. Where a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • What are the frequently found deficiencies that you witness in leases for Moor Row properties?

    Leasehold conveyancing in Moor Row is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You will 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. Barclays , Barnsley Building Society, and Godiva Mortgages Ltd 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 pull out.

    Moor Row Leasehold Conveyancing - Examples of Queries Prior to buying

      Make sure you enquire if there are any onerous restrictions in the lease. For example it is very common in Moor Row leases that pets are not permitted in in a block in Moor Row. If you love the apartmentin Moor Row but your cat is not allowed to live with you then you will be presented with a difficult decision. This information is important as a) areas could cause problems in the building as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the running of the building you will want to have all the details Who is in charge of the block?

    Other Topics

    Lease Extensions in Moor Row