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South Woodham Ferrers leasehold conveyancing Example Support Desk Enquiries

Having checked my lease I have discovered that there are only 68 years unexpired on my flat in South Woodham Ferrers. I now wish to extend my lease but my landlord 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have used your best endeavours to locate the freeholder. For most situations a specialist would be useful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing South Woodham Ferrers.

Looking forward to complete next month on a leasehold property in South Woodham Ferrers. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in South Woodham Ferrers should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Will you be prohibited or prevented from having pets in the property?
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in South Woodham Ferrers please ask your solicitor in advance of your conveyancing in South Woodham Ferrers

    • My wife and I purchased a leasehold house in South Woodham Ferrers. Conveyancing and Aldermore mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in South Woodham Ferrers who previously acted has now retired.Any advice?

    The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to instruct a South Woodham Ferrers conveyancing firm to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    What advice can you give us when it comes to choosing a South Woodham Ferrers conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a South Woodham Ferrers conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non South Woodham Ferrers conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in South Woodham Ferrers who can give a testimonial?

    • What are the frequently found problems that you come across in leases for South Woodham Ferrers properties?

    There is nothing unique about leasehold conveyancing in South Woodham Ferrers. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Barnsley Building Society, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in South Woodham Ferrers - Sample of Questions you should ask Prior to Purchasing

      Is there a share of the freehold? What is the name of the managing agents? Be sure to investigate if there are any onerous restrictions in the lease. For instance it is fairly common in South Woodham Ferrers leases that pets are not permitted in certain buildings in South Woodham Ferrers. If you like the apartmentin South Woodham Ferrers yet your cat can’t live with you then you have a very hard decision.

    Other Topics

    Lease Extensions in South Woodham Ferrers