Sample questions relating to Torpoint leasehold conveyancing
I am in need of some leasehold conveyancing in Torpoint. Before diving in I want to be sure as to the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Torpoint - 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 62 years remaining on my lease in Torpoint. I now wish to get lease extension but my freeholder is missing. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the landlord. On the whole an enquiry agent should be useful to conduct investigations and to produce an expert document to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Torpoint.
I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Torpoint. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
The majority of houses in Torpoint are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Torpoint so you should seriously consider shopping around for a Torpoint conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.
My wife and I purchased a leasehold house in Torpoint. Conveyancing and Skipton Building Society 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 solicitor in Torpoint who acted for me is not around.Do I pay?
First contact HMLR to make sure that this person is in fact the new freeholder. There is no need to instruct a Torpoint conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to finding a Torpoint conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Torpoint conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Torpoint conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- If they are not ALEP accredited then why not?
Torpoint Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
Most Torpoint leasehold apartments will have a service charge for the upkeep of the block invoiced on behalf of the management company. Where you acquire the flat you will have to meet this charge, usually quarterly accross the year. This can differ from several hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a rentcharge for you to pay annual, this is usually not a exorbitant figure, say about £25-£75 but you need to enquire as sometimes it could be many hundreds of pounds.
Be sure to discover if there are any onerous prohibitions in the lease. For example it is fairly common in Torpoint leases that pets are not allowed in certain buildings in Torpoint. If you love the flatin Torpoint however your dog can’t make the move with you then you will be presented with a hard choice.
Are any of leasehold owners in dispute over their service charge payments?