Having had my offer accepted I require leasehold conveyancing in Tiverton. Before I get started I would like to find out the unexpired term of the lease.

If the lease is registered - and 99.9% are in Tiverton - then the leasehold title will always include the short particulars 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.

I only have Seventy years remaining on my flat in Tiverton. I now want to get lease extension but my freeholder is can not be found. What are my options?

On the basis that 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 lengthened by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to find the landlord. In some cases an enquiry agent would be useful to conduct investigations and to produce an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court covering Tiverton.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Tiverton. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Tiverton are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Tiverton in which case you should be looking for a Tiverton conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your lawyer should advise you fully on all the issues.

My wife and I purchased a leasehold flat in Tiverton. Conveyancing and Santander mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Tiverton who previously acted has long since retired.What should I do?

First make enquiries of HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Tiverton conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What makes a Tiverton lease unacceptable for security purposes?

Leasehold conveyancing in Tiverton is not unique. All leases are unique and legal mistakes in the legal wording can result in certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, The Royal Bank of Scotland, and Clydesdale 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 does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.

Tiverton Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

Its a good idea to discover as much as you can concerning the company managing the building as they can either make your life much simpler or a lot more difficult. As the proprietor of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to every day matters such as the upkeep of the common parts. Don't be shy to ask other people what they think of them. Finally, be sure you discover the dates that the service charges are due to the appropriate party and precisely what you get for your money. Make sure you investigate if the the lease contains any adverse restrictions in the lease. For instance it is fairly common in Tiverton leases that pets are not permitted in in a block in Tiverton. If you like the apartmentin Tiverton but your cat can’t move with you then you will be presented with a hard compromise. Does this lease have more than 85 years unexpired?

Other Topics

Lease Extensions in Tiverton