Top Five Questions relating to North Ferriby leasehold conveyancing
I am hoping to sign contracts shortly on a leasehold property in North Ferriby. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in North Ferriby should include some of the following:
- You should be sent a copy of the lease
Back In 2004, I bought a leasehold flat in North Ferriby. Conveyancing and Aldermore mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in North Ferriby who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a North Ferriby conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am a negotiator for a long established estate agent office in North Ferriby where we see a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local North Ferriby conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
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.
What advice can you give us when it comes to appointing a North Ferriby conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a North Ferriby conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non North Ferriby conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- If the firm is not ALEP accredited then what is the reason?
All being well we will complete our sale of a £475000 flat in North Ferriby on Thursday in a week. The landlords agents has quoted £372 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in North Ferriby?
North Ferriby conveyancing on leasehold apartments ordinarily necessitates fees being levied by management companies :
- Answering pre-contract enquiries
- Where consent is required before sale in North Ferriby
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in North Ferriby - Examples of Queries before Purchasing
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Does the lease contain onerous restrictions?
The answer will be important as a) areas could cause problems in the building as the communal areas may start to deteriorate where services are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to have all the details
Who is in charge of the block?
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