Frequently asked questions relating to Todmorden leasehold conveyancing
Having checked my lease I have discovered that there are only 68 years left on my lease in Todmorden. I now wish to extend my lease but my landlord is absent. What should I do?
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 enable the lease to be extended by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the landlord. In some cases a specialist would be useful to conduct investigations and prepare a report to be used as proof that the landlord is indeed missing. 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 Todmorden.
Due to sign contracts shortly on a basement flat in Todmorden. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Todmorden should include some of the following:
- The total extent of the premises. This will be the property itself but might incorporate a loft or cellar if appropriate.
I have just started marketing my ground floor apartment in Todmorden.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – what should I do?
It best that you 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 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 offer any advice when it comes to appointing a Todmorden conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Todmorden conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Todmorden conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- What volume of lease extensions has the firm completed in Todmorden in the last twenty four months?
All being well we will complete the sale of our £125000 flat in Todmorden next Friday . The management company has quoted £324 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Todmorden?
Todmorden conveyancing on leasehold apartments more often than not requires the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions the majority will be willing to do so. They may invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, otherwise the charge is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Todmorden Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
How many of the leaseholders are in arrears for their service charge payments?
The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this situation the lessees have control and although a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.
Make sure you investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Todmorden. If you love the apartmentin Todmorden but your cat is not allowed to move with you then you have a very hard decision.