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Frequently asked questions relating to Trimdon leasehold conveyancing

I have recently realised that I have 62 years remaining on my lease in Trimdon. I am keen to extend my lease but my freeholder is can not be found. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the freeholder. For most situations a specialist should be helpful to conduct investigations and prepare a report which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Trimdon.

Expecting to exchange soon on a studio apartment in Trimdon. Conveyancing lawyers assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Trimdon should include some of the following:

  • The total extent of the demise. This will be the property itself but could also include a loft or cellar if appropriate.
  • Setting out your rights in respect of the communal areas in the block.For example, does the lease provide for a right of way over a path or staircase?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Trimdon please enquire of your conveyancer in ahead of your conveyancing in Trimdon

    • I have just appointed agents to market my 2 bed apartment in Trimdon.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should 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. Having a clear account will assist your cause and will leave you no worse off financially.

    Do you have any advice for leasehold conveyancing in Trimdon with the intention of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Trimdon can be reduced where you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Trimdon leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you dont have the paperwork to hand do not contact the landlord without checking with your solicitor in the first instance.
  • A minority of Trimdon leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to ongoing.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is important 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 premises on the market for sale.

    • When it comes to leasehold conveyancing in Trimdon what are the most frequent lease defects?

    Leasehold conveyancing in Trimdon is not unique. Most leases are unique and drafting errors can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Chelsea Building Society, and TSB all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.

    Trimdon Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

      The prefered form of lease structure is a share of the freehold. In this scenario the lessees have control and even though a managing agent is often employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Plenty Trimdon leasehold flats will have a service charge for the upkeep of the building set on behalf of the freeholder. If you buy the flat you will have to pay this charge, normally quarterly during the year. This may vary from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a rentcharge for you to pay yearly, this is usually not a significant sum, say around £25-£75 but you need to check as occasionally it can be surprisingly expensive. On the whole the cost for major works are not included within maintenance charges, albeit that a few managing agents in Trimdon ask leasehold owners to pay into a reserve fund and this is used to offset against major works.

    Other Topics

    Lease Extensions in Trimdon