Questions and Answers: Sandiacre leasehold conveyancing
I have recently realised that I have 62 years unexpired on my flat in Sandiacre. I need to get lease extension but my landlord is can not be found. What are my options?
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 mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the landlord. On the whole a specialist may be helpful to conduct investigations and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Sandiacre.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Sandiacre. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
The majority of houses in Sandiacre are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Sandiacre in which case you should be shopping around for a Sandiacre conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should report to you on the legal implications.
Can you offer any advice when it comes to choosing a Sandiacre conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Sandiacre conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Sandiacre 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 helpful:
- What volume of lease extensions have they conducted in Sandiacre in the last twenty four months?
We expect to complete the sale of our £425000 garden flat in Sandiacre next Friday . The management company has quoted £300 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Sandiacre?
Sandiacre conveyancing on leasehold maisonettes often necessitates the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be willing to assist. They are at liberty invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The administration charge levied by the landlord must be sent together with a summary of rights and obligations in respect of administration charges, without which the charge is not strictly payable. In reality you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.
What makes a Sandiacre lease unacceptable for security purposes?
There is nothing unique about leasehold conveyancing in Sandiacre. All leases are individual and legal mistakes in the legal wording can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the building
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Chelsea Building Society, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.
Sandiacre Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing
Are there any major works on the horizon that could add a premium to the maintenance fees?
Its a good idea to find out as much as you can regarding the managing agents as they will either make life much simpler or problematic. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the communal areas. You should not be afraid to ask prospective neighbours what they think of their service. On a final note, be sure you discover the dates that the service charges are due to the relevant party and precisely what it includes.
In the main the outlay for major works tend not to be incorporated into the service charges, albeit that a few managing agents in Sandiacre obliged leasehold owners to pay into a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance.