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Questions and Answers: Rugeley leasehold conveyancing

I have recently realised that I have 72 years remaining on my lease in Rugeley. I now wish to extend my lease but my landlord is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the lessor. In some cases an enquiry agent would be helpful to conduct investigations and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Rugeley.

Expecting to sign contracts shortly on a studio apartment in Rugeley. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Rugeley should include some of the following:

  • You should be sent a copy of the lease
  • The total extent of the demise. This will be the apartment itself but may incorporate a loft or basement if appropriate.
  • Whether the lease restricts you from subletting the flat, or working from home
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • You should have a good understanding of the insurance provisions
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Rugeley please enquire of your conveyancer in ahead of your conveyancing in Rugeley

    • Back In 2007, I bought a leasehold house in Rugeley. Conveyancing and TSB mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Rugeley who previously acted has now retired.Do I pay?

    The first thing you should do is contact the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Rugeley conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am looking at a couple of maisonettes in Rugeley which have in the region of forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Rugeley. The lease is a right to use the property for a period of time. As the lease shortens the value of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

    I am employed by a reputable estate agent office in Rugeley where we have experienced a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Rugeley conveyancing firms. Please can you shed some light as to whether the owner of a flat can commence the lease extension process for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

    Leasehold Conveyancing in Rugeley - Examples of Questions you should ask Prior to buying

      Is there a share of the freehold? Can you tell me if there are any major works on the horizon that will likely increase the maintenance costs? The majority of Rugeley leasehold apartments will have a service charge for the upkeep of the block set on behalf of the landlord. Should you buy the apartment you will have to meet this contribution, normally periodically throughout the year. This may be anything from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay annual, this is usually not a significant sum, say about £25-£75 but you need to enquire as occasionally it could be surprisingly expensive.

    Other Topics

    Lease Extensions in Rugeley