Stanford Le Hope leasehold conveyancing: Q and A’s
I am on look out for some leasehold conveyancing in Stanford Le Hope. Before diving in I require certainty as to the number of years remaining on the lease.
Assuming the lease is registered - and 99.9% are in Stanford Le Hope - 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.
There are only Fifty years remaining on my flat in Stanford Le Hope. I need to extend my lease but my freeholder is can not be found. What options are available to me?
If 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 granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the landlord. On the whole an enquiry agent would be helpful to try and locate and prepare a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court covering Stanford Le Hope.
Expecting to complete next month on a studio apartment in Stanford Le Hope. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Stanford Le Hope should include some of the following:
- How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
- Setting out your legal entitlements in respect of the communal areas in the building.E.G., does the lease contain a right of way over an accessway or staircase?
- You need to be told what counts as a Nuisance in the lease
- You should have a good understanding of the insurance provisions
- Changes to the flat (alterations and additions)
- The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
- What options are open to you if a neighbour breach a clause of their lease?
What advice can you give us when it comes to appointing a Stanford Le Hope conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Stanford Le Hope conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Stanford Le Hope conveyancing practices before you 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?
- What are the legal fees for lease extension work?
What are the common defects that you see in leases for Stanford Le Hope properties?
Leasehold conveyancing in Stanford Le Hope is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain elements of the property
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Leeds Building Society, and Clydesdale 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 problematic they may refuse to provide security, obliging the purchaser to pull out.
Stanford Le Hope Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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You will want to discover as much as you can about the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to every day matters such as the cleanliness of the common parts. Ask other tenants what they think of their management. Finally, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes.
How many of the leaseholders are in arrears for their service charge payments?