Fixed-fee leasehold conveyancing in Plymouth:

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Examples of recent questions relating to leasehold conveyancing in Plymouth

There are only Sixty One years remaining on my flat in Plymouth. I need to extend my lease but my landlord is can not be found. 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 apply 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 Court. You will be obliged to demonstrate that you have done all that could be expected to track down the lessor. In some cases a specialist should be useful to try and locate and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Plymouth.

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Plymouth. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

Most houses in Plymouth are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Plymouth so you should seriously consider shopping around for a Plymouth conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should report to you on the legal implications.

Back In 2005, I bought a leasehold house in Plymouth. Conveyancing and HSBC Bank mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Plymouth who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to instruct a Plymouth conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate 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 Plymouth conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Plymouth conveyancing firm) it is most important 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 Plymouth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

  • How familiar is the practice with lease extension legislation?
  • Can they put you in touch with client in Plymouth who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Plymouth from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Plymouth can be bypassed where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the buyers lawyers.
    • Many freeholders or managing agents in Plymouth charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Plymouth.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Plymouth leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you fail to have the paperwork in place you should not contact the landlord without contacting your lawyer before hand.
  • Some Plymouth leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve 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 are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.

    • Plymouth Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

      The majority of Plymouth leasehold apartments will have a service charge for the upkeep of the block invoiced on behalf of the management company. If you acquire the property you will have to pay this contribution, normally in instalments accross the year. This could differ from several hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a rentcharge for you to pay annual, ordinarily this is not a exorbitant figure, say about £25-£75 but you need to enquire as occasionally it can be prohibitively expensive. Please note if it is fewer than eighty years it will impact the salability of the flat. Check with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this would cost. Remember, in most cases you will need to own the residence for two years before you are eligible to extend the lease. This question is helpful as a) areas can cause problems in the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the running of the building you will need to have all the details

    Other Topics

    Lease Extensions in Plymouth