Examples of recent questions relating to leasehold conveyancing in Thornhill
I am on look out for some leasehold conveyancing in Thornhill. Before diving in I would like to find out the unexpired term of the lease.
If the lease is registered - and almost all are in Thornhill - 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.
Having checked my lease I have discovered that there are only 62 years unexpired on my flat in Thornhill. I need to extend my lease but my landlord is missing. What options are available to me?
On the basis that you qualify, 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 enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the lessor. For most situations an enquiry agent would be helpful to try and locate and prepare an expert document to be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Thornhill.
Estate agents have just been given the go-ahead to market my garden flat in Thornhill.Conveyancing has not commenced but I have just had a half-yearly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay 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 managing agents 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. This will smooth the conveyancing process.
Can you provide any top tips for leasehold conveyancing in Thornhill with the purpose of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Thornhill can be avoided where you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Thornhill state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such works. Where you fail to have the approvals to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
Are there frequently found problems that you come across in leases for Thornhill properties?
Leasehold conveyancing in Thornhill is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- 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 can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, The Mortgage Works, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Thornhill Leasehold Conveyancing - A selection of Questions you should ask before buying
Is anyone aware of any major works anticipated that will likely add a premium to the maintenance charges?
The prefered form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the lessees enjoy control and although a managing agent is usually retained if it is larger than a house conversion, the managing agent is directed by the tenants.
For many Thornhill leaseholds the cost for major works tend not to be built into the service charges, albeit that there some managing agents in Thornhill obliged tenants to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.