Recently asked questions relating to West Kirby leasehold conveyancing
I am on look out for some leasehold conveyancing in West Kirby. Before diving in I want to be sure as to the remaining lease term.
If the lease is registered - and 99.9% are in West Kirby - then the leasehold title will always include the basic details 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.
Frank (my husband) and I may need to let out our West Kirby garden flat temporarily due to taking a sabbatical. We instructed a West Kirby conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your last West Kirby conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of first obtaining permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
Having checked my lease I have discovered that there are only 62 years unexpired on my lease in West Kirby. I need to extend my lease but my freeholder is absent. What are my options?
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 an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the lessor. In some cases an enquiry agent should be useful to conduct investigations and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court covering West Kirby.
I have just appointed agents to market my basement flat in West Kirby.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – what should I do?
It best that you pay 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. Having a clear account will assist your cause and will leave you no worse off financially.
My wife and I purchased a leasehold house in West Kirby. Conveyancing and National Westminster Bank mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in West Kirby who previously acted has long since retired.Any advice?
First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a West Kirby conveyancing lawyer 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 freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
West Kirby Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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On the whole the outlay for major works are not included within maintenance charges, although a few managing agents in West Kirby ask leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for larger works.
Many West Kirby leasehold apartments will incur a service charge for the upkeep of the building levied by the freeholder. If you purchase the flat you will have to pay this charge, normally periodically during the year. This can vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a ground rent to be met yearly, this is usually not a significant figure, say approximately £50-£100 but you should to check it because occasionally it can be surprisingly expensive.
What prohibitions are contained in the West Kirby Lease?
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