Fixed-fee leasehold conveyancing in Shaftesbury:

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Frequently asked questions relating to Shaftesbury leasehold conveyancing

I am on look out for some leasehold conveyancing in Shaftesbury. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Shaftesbury - then the leasehold title will always include the short particulars 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.

My fiance and I may need to let out our Shaftesbury basement flat temporarily due to taking a sabbatical. We used a Shaftesbury conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Shaftesbury conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Sixty One years left on my lease in Shaftesbury. I need to extend my lease but my landlord is absent. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. However, you will be required 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 helpful to carry out a search and prepare 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 investigating the landlord’s disappearance and the application to the County Court covering Shaftesbury.

Back In 2005, I bought a leasehold flat in Shaftesbury. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Shaftesbury who previously acted has long since retired.What should I do?

First contact the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Shaftesbury conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold flat in Shaftesbury. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous lessee 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

Shaftesbury Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

    How much is the maintenance charge and ground rent on the property? Be sure to investigate if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Shaftesbury. If you love the flatin Shaftesbury however your cat can’t live with you then you will be faced hard compromise. It is important to be aware if redecorating or some other major work is due shortly that will be shared amongst the leaseholders and may well materially impact the level of the maintenance charges or require a specific invoice.

Other Topics

Lease Extensions in Shaftesbury