Recently asked questions relating to Shenfield leasehold conveyancing
Having checked my lease I have discovered that there are only 72 years remaining on my flat in Shenfield. I am keen to get lease extension but my freeholder is can not be found. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. For most situations a specialist would be useful to carry out a search and to produce an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court covering Shenfield.
I’m about to sell my ground floor apartment in Shenfield.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge invoice – what should I do?
The sensible thing to do is pay the service charge 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 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 house in Shenfield. Conveyancing and Clydesdale mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Shenfield who previously acted has now retired.What should I do?
The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Shenfield conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, 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 looking at a two apartments in Shenfield both have approximately fifty years left on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Shenfield. The lease is a right to use the premises for a prescribed time frame. As a lease shortens the value of the lease reduces and it becomes more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area
Can you offer any advice when it comes to finding a Shenfield conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Shenfield conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Shenfield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- If they are not ALEP accredited then why not?
Leasehold Conveyancing in Shenfield - A selection of Questions you should consider Prior to Purchasing
Plenty Shenfield leasehold apartments will be liable to pay a service charge for the upkeep of the building set by the management company. If you purchase the flat you will have to meet this charge, usually in instalments throughout the year. This may be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent to be met annual, this is usually not a large figure, say around £50-£100 but you should to enquire it because sometimes it can be many hundreds of pounds.
The answer will be important as a) areas could cause problems in the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leasehold owners have a dispute with the running of the building you will want to have full disclosure
Does the lease include onerous restrictions?