Questions and Answers: Northampton leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Northampton. Before diving in I would like to find out the number of years remaining on the lease.
Assuming the lease is registered - and most are in Northampton - 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.
Jane (my partner) and I may need to sub-let our Northampton basement flat for a while due to a career opportunity. We used a Northampton conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?
Your lease governs relations between the freeholder and you the flat owner; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Northampton do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
I only have Fifty years left on my lease in Northampton. I am keen to get lease extension but my freeholder is can not be found. What are my options?
If 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 an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. On the whole an enquiry agent would be helpful to try and locate and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court covering Northampton.
I own a leasehold house in Northampton. Conveyancing and Lloyds TSB Bank mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Northampton who acted for me is not around.Do I pay?
First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Northampton conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to choosing a Northampton conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Northampton conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Northampton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How many lease extensions has the firm completed in Northampton in the last twenty four months?
Northampton Leasehold Conveyancing - Sample of Queries Prior to buying
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Many Northampton leasehold properties will have a service bill for the upkeep of the block levied on behalf of the freeholder. Should you acquire the flat you will have to meet this liability, normally quarterly during the year. This may vary from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a rentcharge to be met annual, normally this is not a exorbitant sum, say around £25-£75 but you need to check it because sometimes it can be surprisingly expensive.
It would be sensible to discover if there is anything that is prohibited in the lease. By way of example it is very common in Northampton leases that pets are not allowed in certain buildings in Northampton. If you like the propertyin Northampton yet your cat can’t make the move with you then you have a very difficult compromise.
The answer will be important as a) areas can cause problems for the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have a dispute with the managing agents you will wish to know about it
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