Top Five Questions relating to Quedgeley leasehold conveyancing
I have recently realised that I have Seventy years unexpired on my lease in Quedgeley. I now want to get lease extension but my landlord is can not be found. What are my options?
On the basis that you qualify, 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 mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. On the whole a specialist may be useful to try and locate and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Quedgeley.
I have just appointed agents to market my 2 bed flat in Quedgeley.Conveyancing is yet to be initiated but I have just received a quarterly service charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is 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 managing agents 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 am attracted to a two apartments in Quedgeley both have in the region of forty five years remaining on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Quedgeley. The lease is a right to use the property for a prescribed time frame. As the lease shortens the value of the lease reduces and it becomes more costly to acquire a lease extension. For this reason it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this area
Do you have any advice for leasehold conveyancing in Quedgeley with the aim of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Quedgeley can be bypassed where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers conveyancers.
- Many freeholders or Management Companies in Quedgeley levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Quedgeley.
- A minority of Quedgeley leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
- If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate can be a lengthy formality and delays many a Quedgeley conveyancing deal. If a new share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
- You believe that you know the number of years left on your lease but you should verify this via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
Are there common deficiencies that you witness in leases for Quedgeley properties?
There is nothing unique about leasehold conveyancing in Quedgeley. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the premises
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Leeds Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.
I acquired a 1st floor flat in Quedgeley, conveyancing was carried out 1999. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Quedgeley with over 90 years remaining are worth £203,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease terminates on 21st October 2086
With only 60 years unexpired we estimate the price of your lease extension to be between £24,700 and £28,600 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.