Experts for Leasehold Conveyancing in Stockwood

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Top Five Questions relating to Stockwood leasehold conveyancing

I have recently realised that I have 68 years unexpired on my flat in Stockwood. I am keen to extend my lease but my landlord is absent. What should I do?

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 an order 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 or your lawyers have used your best endeavours to locate the landlord. In some cases an enquiry agent may be useful to carry out a search and prepare a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Stockwood.

Estate agents have just been given the go-ahead to market my ground floor apartment in Stockwood.Conveyancing is yet to be initiated but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is clear 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 management companies 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. This will smooth the conveyancing process.

Back In 2007, I bought a leasehold house in Stockwood. Conveyancing and Aldermore mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Stockwood who previously acted has long since retired.Any advice?

The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Stockwood conveyancing practitioner to do this as it can be done on-line for less than a fiver. 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.

What are your top tips when it comes to choosing a Stockwood conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Stockwood conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Stockwood 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 of use:

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

  • What are the frequently found problems that you encounter in leases for Stockwood properties?

    Leasehold conveyancing in Stockwood is not unique. All leases is drafted differently and drafting errors can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Leeds Building Society, and Britannia 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 defective they may refuse to grant the mortgage, obliging the buyer to pull out.

    Stockwood Leasehold Conveyancing - Sample of Queries before Purchasing

      For many Stockwood leaseholds the cost for major works tend not to be incorporated into the service charges, although some managing agents in Stockwood require leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger repairs or maintenance. It would be wise to find out as much as possible about the company managing the building as they will either make living at the property much easier or much more difficult. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to practical matters such as the upkeep of the communal areas. Enquire of other people whether they are happy with them. On a final note, be sure you discover the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money. The prefered form of lease arrangement is a share of the freehold. In this arrangement the lessees enjoy control and although a managing agent is usually employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Stockwood