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Recently asked questions relating to Thorpe Hesley leasehold conveyancing

I only have Sixty One years remaining on my lease in Thorpe Hesley. I need to get lease extension but my freeholder is missing. What are my options?

If you qualify, 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 mean that your lease can be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the lessor. For most situations an enquiry agent would be useful to carry out a search and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Thorpe Hesley.

I’m about to sell my ground floor apartment in Thorpe Hesley.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge invoice – should I leave it to the buyer to sort out?

It best that you 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 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 2008, I bought a leasehold flat in Thorpe Hesley. Conveyancing and Barclays mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Thorpe Hesley who previously acted has now retired.Do I pay?

First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Thorpe Hesley conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Thorpe Hesley. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any advice for leasehold conveyancing in Thorpe Hesley with the intention of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Thorpe Hesley can be bypassed if you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
  • Many landlords or managing agents in Thorpe Hesley levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Thorpe Hesley.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Thorpe Hesley leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such alterations. If you fail to have the approvals to hand you should not communicate with the landlord without contacting your lawyer in advance.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Thorpe Hesley Leasehold Conveyancing - A selection of Queries Prior to buying

      Is anyone aware of any major works in the near future that will increase the service costs? How many years are left on the lease? Its a good idea to discover as much as possible regarding the company managing the block as they can either make living at the property much simpler or much more difficult. 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 issues such as the tidiness of the common parts. Enquire of prospective neighbours what they think of their service. In conclusion, be sure you know the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money.

    Other Topics

    Lease Extensions in Thorpe Hesley