Examples of recent questions relating to leasehold conveyancing in Plymouth
Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Plymouth. I now want to extend my lease but my landlord is absent. What options are available to me?
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 enable the lease to be lengthened by the magistrate. However, you will be required to prove that you have made all reasonable attempts to track down the lessor. In some cases a specialist would be helpful to carry out a search and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Plymouth.
I have just started marketing my ground floor flat in Plymouth.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – Do I pay up?
It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I've found a house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have just been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Plymouth. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Plymouth ?
The majority of houses in Plymouth are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Plymouth in which case you should be looking for a Plymouth conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.
What are your top tips when it comes to choosing a Plymouth conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Plymouth conveyancing practice) it is imperative 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 that’s a bonus. Some following of questions might be of use:
- How many lease extensions has the firm conducted in Plymouth in the last twenty four months?
Completion in due on the sale of our £200000 maisonette in Plymouth on Friday in a week. The managing agents has quoted £408 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Plymouth?
Plymouth conveyancing on leasehold flats usually necessitates the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to answer such questions most will be content to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that you have little option but to pay whatever is demanded if you want to exchange contracts with the buyer.
Plymouth Leasehold Conveyancing - A selection of Questions you should ask before buying
Who manages the building?
How much is the ground rent and service charge?
On the whole the outlay for major works are not wrapped into the maintenance charges, although some managing agents in Plymouth ask leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for major repairs or maintenance.