Experts for Leasehold Conveyancing in North Ferriby

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Examples of recent questions relating to leasehold conveyancing in North Ferriby

I have recently realised that I have Sixty One years unexpired on my lease in North Ferriby. I am keen to get lease extension but my freeholder is absent. What should I do?

On the basis that 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have used your best endeavours to locate the lessor. In some cases a specialist may be useful to conduct investigations and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing North Ferriby.

Due to exchange soon on a ground floor flat in North Ferriby. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in North Ferriby should include some of the following:

  • You should receive a copy of the lease
  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Are you allowed to have a pet in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in North Ferriby please ask your lawyer in advance of your conveyancing in North Ferriby

    • I work for a long established estate agency in North Ferriby where we have experienced a number of leasehold sales put at risk as a result of short leases. I have received contradictory information from local North Ferriby conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

    Provided that the seller has been the owner 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. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

    An alternative approach is 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 purchaser.

    Can you offer any advice when it comes to appointing a North Ferriby conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (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 conveyancing. We advise that you make enquires with two or three firms including non North Ferriby conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • What volume of lease extensions have they carried out in North Ferriby in the last year?
  • Can they put you in touch with client in North Ferriby who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in North Ferriby with the aim of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in North Ferriby can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in North Ferriby state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such works. Should you fail to have the paperwork in place you should not communicate with the landlord without checking with your lawyer in advance.
  • Some North Ferriby leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Organising a replacement share certificate is often a lengthy process and delays many a North Ferriby conveyancing transaction. Where a reissued share is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • North Ferriby Leasehold Conveyancing - A selection of Queries before Purchasing

      Is anyone aware of any major works in the planning that will add a premium to the service charges? What restrictions are contained in the North Ferriby Lease? This question is useful as a) areas could result in problems for the building as the common areas may start to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will want to have all the details

    Other Topics

    Lease Extensions in North Ferriby