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Common questions relating to Ripley leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Ripley. Before I set the wheels in motion I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in Ripley - 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.

I only have 68 years remaining on my lease in Ripley. I need to extend my lease but my freeholder is missing. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. You will be obliged to prove that you have used your best endeavours to track down the freeholder. In some cases a specialist may be useful to try and locate and to produce an expert document to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court covering Ripley.

I've recently bought a leasehold flat in Ripley. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you offer any advice when it comes to finding a Ripley conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Ripley conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Ripley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the practice with lease extension legislation?
  • What volume of lease extensions has the firm conducted in Ripley in the last 12 months?

    • Can you provide any top tips for leasehold conveyancing in Ripley with the aim of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Ripley can be bypassed where you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
    • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Ripley leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such alterations. Should you fail to have the approvals in place you should not contact the landlord without contacting your lawyer before hand.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing 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 will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than ongoing.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share certificate. Obtaining a new share certificate is often a time consuming process and slows down many a Ripley home move. Where a new share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Ripley Leasehold Conveyancing - A selection of Queries before Purchasing

      Most Ripley leasehold apartments will have a service charge for the upkeep of the building levied on behalf of the management company. Where you buy the apartment you will have to meet this charge, normally periodically during the year. This can be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met yearly, ordinarily this is not a significant figure, say approximately £50-£100 but you should to enquire as sometimes it could be many hundreds of pounds. Is the freehold reversion owned collectively by the tenants? Best to be warned if a new roof is being put on or some other major work is coming up to be shared amongst the tenants and could well materially increase the the service fees or require a specific payment.

    Other Topics

    Lease Extensions in Ripley