Examples of recent questions relating to leasehold conveyancing in Shaftesbury
I have recently realised that I have 72 years unexpired on my lease in Shaftesbury. I am keen to extend my lease but my freeholder is can not be found. 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the landlord. In some cases a specialist may be helpful to carry out a search and to produce an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Shaftesbury.
Estate agents have just been given the go-ahead to market my 2 bed apartment in Shaftesbury.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you pay 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 managing agents 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 great price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Shaftesbury. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Shaftesbury ?
Most houses in Shaftesbury are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Shaftesbury so you should seriously consider shopping around for a Shaftesbury conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer should appraise you on the various issues.
What advice can you give us when it comes to finding a Shaftesbury conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Shaftesbury conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Shaftesbury conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:
- If they are not ALEP accredited then what is the reason?
In relation to leasehold conveyancing in Shaftesbury what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Shaftesbury. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Chelsea Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.
Shaftesbury Conveyancing for Leasehold Flats - Sample of Queries before buying
The prefered form of lease structure is a share of the freehold. In this situation the lessees benefit from control and although a managing agent is usually retained where the building is bigger than a house conversion, the managing agent employed by the leaseholders.
Who is in charge of the building?
Be sure to find out if the the lease contains any adverse restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Shaftesbury. If you love the apartmentin Shaftesbury however your dog is not allowed to live with you then you will be presented with a difficult choice.