Redruth leasehold conveyancing Example Support Desk Enquiries
Having checked my lease I have discovered that there are only 62 years left on my flat in Redruth. I am keen to get lease extension 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 lengthened by the Court. However, you will be required to prove that you have used your best endeavours to track down the freeholder. In some cases an enquiry agent may be helpful to conduct investigations and to produce a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Redruth.
My wife and I purchased a leasehold house in Redruth. Conveyancing and Coventry Building Society mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Redruth who acted for me is not around.Do I pay?
The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Redruth conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note 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.
I am employed by a long established estate agent office in Redruth where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Redruth conveyancing firms. Can you clarify whether the owner of a flat can commence the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder 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 finding a Redruth conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Redruth conveyancing practice) it is imperative that he or she should 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 Redruth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- What volume of lease extensions have they completed in Redruth in the last year?
Can you provide any top tips for leasehold conveyancing in Redruth with the purpose of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Redruth can be avoided if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
- Many landlords or managing agents in Redruth levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Redruth.
Redruth Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing
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Is anyone aware of any major works on the horizon that could add a premium to the service costs?
Best to be warned whether changing the roof or some other significant cost is pending to be shared by the leasehold owners and may well materially increase the the maintenance charges or necessitate a specific invoice.
Plenty Redruth leasehold apartments will be liable to pay a service charge for the upkeep of the block set on behalf of the management company. If you acquire the apartment you will have to pay this liability, usually periodically throughout the year. This could differ from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent to be met yearly, this is usually not a exorbitant sum, say about £25-£75 but you need to enquire it because occasionally it can be surprisingly expensive.
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