Frequently asked questions relating to Sevenoaks leasehold conveyancing
Having checked my lease I have discovered that there are only Seventy years left on my flat in Sevenoaks. I now want to get lease extension but my freeholder is absent. What should I do?
If you qualify, 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 enable the lease to be extended by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to find the freeholder. On the whole a specialist would be useful to try and locate and to produce a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Sevenoaks.
I am hoping to exchange soon on a ground floor flat in Sevenoaks. Conveyancing solicitors inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Sevenoaks should include some of the following:
- The total extent of the demise. This will be the apartment itself but might incorporate a loft or basement if applicable.
I have just appointed agents to market my basement flat in Sevenoaks.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should 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 until 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. Having a clear account will assist your cause and will leave you no worse off financially.
My wife and I purchased a leasehold flat in Sevenoaks. Conveyancing and Nottingham Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Sevenoaks who previously acted has now retired.What should I do?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Sevenoaks conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to choosing a Sevenoaks conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a Sevenoaks conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Sevenoaks 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 what is the reason?
Sevenoaks Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
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Make sure you find out if the the lease contains any onerous restrictions in the lease. For example some leases prohibit pets being allowed in in a block in Sevenoaks. If you like the apartmentin Sevenoaks yet your dog is not allowed to move with you then you will be faced difficult determination.
The answer will be important as a) areas can cause problems for the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the managing agents you will want to have complete disclosure
How is the lease structured?
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