Sample questions relating to Washwood Heath leasehold conveyancing
I am in need of some leasehold conveyancing in Washwood Heath. Before I get started I require certainty as to the remaining lease term.
Assuming the lease is recorded at the land registry - and 99.9% are in Washwood Heath - 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 have recently realised that I have Fifty years left on my flat in Washwood Heath. I am keen to get lease extension but my landlord is absent. 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 extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent would be useful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Washwood Heath.
I have just appointed agents to market my 2 bed apartment in Washwood Heath.Conveyancing has not commenced but I have just had a yearly service charge invoice – should I leave it to the buyer to sort out?
It best that you discharge 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 management companies 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.
Last month I purchased a leasehold flat in Washwood Heath. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, 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).
Can you offer any advice when it comes to finding a Washwood Heath conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Washwood Heath conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Washwood Heath conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- How experienced is the practice with lease extension legislation?
Washwood Heath Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
It would be prudent to enquire if there are any onerous restrictions in the lease. By way of example it is reasonably common in Washwood Heath leases that pets are not allowed in certain buildings in Washwood Heath. If you like the propertyin Washwood Heath yet your cat can’t make the move with you then you will be presented with a hard determination.
The best form of lease arrangement is if the freehold interest is in the ownership of the leaseholders. In this situation the lessees have being in charge if their destiny and although a managing agent is usually retained if the building is bigger than a house conversion, the managing agent is directed by the tenants.
Please inform me if there are any major works anticipated that will increase the service charges?