Rossendale leasehold conveyancing: Q and A’s
Having had my offer accepted I require leasehold conveyancing in Rossendale. Before diving in I require certainty as to the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and most are in Rossendale - 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 unexpired on my flat in Rossendale. 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 extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the landlord. For most situations a specialist would be useful to try and locate and prepare a report to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court covering Rossendale.
I have just started marketing my garden flat in Rossendale.Conveyancing has not commenced but I have just had a quarterly maintenance charge demand – what should I do?
The sensible thing to do is discharge 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 unless 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. This will smooth the conveyancing process.
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Rossendale. Conveyancing solicitors have not yet been instructed. Will they explain the issues?
Most houses in Rossendale are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Rossendale in which case you should be shopping around for a Rossendale conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your lawyer will advise you fully on all the issues.
Can you offer any advice when it comes to finding a Rossendale conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Rossendale conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Rossendale conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- If they are not ALEP accredited then why not?
Rossendale Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
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This question is important as a) areas may result in problems in the building as the communal areas may begin to deteriorate where services remain unpaid b) if the leaseholders have a dispute with the managing agents you will want to have full disclosure
The best form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this situation the tenants enjoy being in charge if their destiny and even though a managing agent is frequently retained if it is bigger than a house conversion, the managing agent retained by the leaseholders.
Can you inform me if there are any major works on the horizon that will increase the maintenance fees?
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