Experts for Leasehold Conveyancing in Shawbury

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Shawbury leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Shawbury. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Shawbury - then the leasehold title will always include the basic details 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.

I am hoping to complete next month on a basement flat in Shawbury. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

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

  • Setting out your rights in respect of common areas in the building.For instance, does the lease contain a right of way over a path or staircase?
  • Are you allowed to have a pet in the flat?
  • You need to be told what counts as a Nuisance in the lease
  • Whether your lease has a provision for a sinking fund?
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Shawbury please ask your conveyancer in ahead of your conveyancing in Shawbury

    • I own a leasehold house in Shawbury. Conveyancing and Clydesdale mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Shawbury who previously acted has now retired.Any advice?

    First make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Shawbury conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured 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.

    I am employed by a reputable estate agency in Shawbury where we have experienced a few flat sales jeopardised as a result of short leases. I have been given contradictory information from local Shawbury conveyancing solicitors. Could you shed some light as to whether the owner of a flat can instigate the lease extension process for the buyer?

    Provided that the seller has been the owner 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. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

    An alternative approach is to agree the lease extension with the freeholder 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.

    What are your top tips when it comes to appointing a Shawbury conveyancing practice to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Shawbury conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Shawbury conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

    • How experienced is the firm with lease extension legislation?
  • What are the charges for lease extension conveyancing?

    • Leasehold Conveyancing in Shawbury - Examples of Questions you should ask Prior to Purchasing

      Does the lease include onerous restrictions? The best form of lease arrangement is a share of the freehold. In this situation the tenants enjoy control and even though a managing agent is usually retained where the building is bigger than a house conversion, the managing agent is directed by the tenants. Who manages the block?

    Other Topics

    Lease Extensions in Shawbury