Recently asked questions relating to North Ferriby leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in North Ferriby. Before I get started I require certainty as to the remaining lease term.
Assuming the lease is recorded at the land registry - and 99.9% are in North Ferriby - then the leasehold title will always include the basic details 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.
There are only Fifty years unexpired on my flat in North Ferriby. I now wish to extend my lease but my landlord 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 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 granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to find the lessor. On the whole a specialist may be useful to conduct investigations and prepare a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering North Ferriby.
I am hoping to exchange soon on a leasehold property in North Ferriby. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in North Ferriby should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
- The total extent of the premises. This will be the flat itself but could also include a roof space or cellar if appropriate.
- You should be told what counts as a Nuisance in the lease
- I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
- Responsibility for repairing the window frames
What are your top tips when it comes to appointing a North Ferriby conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a North Ferriby conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non North Ferriby conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- How familiar is the practice with lease extension legislation?
- If the firm is not ALEP accredited then why not?
Do you have any top tips for leasehold conveyancing in North Ferriby with the aim of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in North Ferriby can be reduced if you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
- A minority of North Ferriby leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain 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 buyers or their solicitors.
- If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to unsettled.
- If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy process and delays many a North Ferriby home move. Where a new share certificate is needed, do contact the company officers or managing agents (if applicable) for this sooner rather than later.
- You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to where the lease term is below 75 years. It is therefore essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
North Ferriby Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
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The prefered form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this scenario the tenants enjoy control and even though a managing agent is frequently retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.
For most North Ferriby leaseholds the outlay for major works tend not to be included within service charges, although a few managing agents in North Ferriby obliged leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for major works.