Questions and Answers: Stamford Bridge leasehold conveyancing
There are only Seventy years remaining on my flat in Stamford Bridge. I now wish to extend my lease but my landlord is can not be found. What are my options?
If 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 for permission 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 prove that you have used your best endeavours to locate the lessor. In some cases a specialist should be helpful to conduct investigations and prepare an expert document to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Stamford Bridge.
Due to complete next month on a basement flat in Stamford Bridge. Conveyancing solicitors assured me that they are sending me a report next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Stamford Bridge should include some of the following:
- The total extent of the premises. This will be the apartment itself but might include a roof space or cellar if appropriate.
I’m about to sell my basement flat in Stamford Bridge.Conveyancing has not commenced but I have just received a quarterly service charge invoice – what should I do?
It best that you discharge 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.
I work for a long established estate agent office in Stamford Bridge where we have experienced a few flat sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local Stamford Bridge conveyancing firms. Can you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 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 simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.
Can you provide any advice for leasehold conveyancing in Stamford Bridge from the point of view of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Stamford Bridge can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Stamford Bridge leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you dont have the approvals in place do not communicate with the landlord without contacting your lawyer in advance.
Leasehold Conveyancing in Stamford Bridge - Sample of Queries Prior to Purchasing
Who are the managing agents?
Most Stamford Bridge leasehold apartments will be liable to pay a service charge for maintenance of the block invoiced by the management company. Should you buy the property you will have to pay this contribution, usually in instalments accross the year. This may vary from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a rentcharge to be met yearly, ordinarily this is not a significant figure, say around £50-£100 but you should to check it because on occasion it could be many hundreds of pounds.
It is important to be aware whether window replacement or some other major work is due in the near future to be shared by the leasehold owners and could well dramatically increase the the service charges or result in a specific invoice.