I am on look out for some leasehold conveyancing in Whaley Bridge. Before diving in I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Whaley Bridge - 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 unexpired on my flat in Whaley Bridge. I need to get lease extension but my freeholder is absent. 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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. On the whole an enquiry agent should be helpful to carry out a search and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Whaley Bridge.

My wife and I purchased a leasehold flat in Whaley Bridge. Conveyancing and Coventry Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Whaley Bridge who previously acted has long since retired.Do I pay?

First contact HMLR to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Whaley Bridge conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Last month I purchased a leasehold house in Whaley Bridge. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Completion in due on the disposal of our £400000 garden flat in Whaley Bridge in 8 days. The management company has quoted £348 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Whaley Bridge?

Whaley Bridge conveyancing on leasehold apartments more often than not necessitates the purchaser’s conveyancer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries most will be willing to assist. They are entitled charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some situations it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration charges, otherwise the invoice is not strictly payable. Reality however dictates that one has no choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

Whaley Bridge Leasehold Conveyancing - Examples of Queries Prior to buying

Make sure you find out if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Whaley Bridge. If you like the apartmentin Whaley Bridge yet your cat is not allowed to move with you then you will be faced difficult decision. Many Whaley Bridge leasehold flats will be liable to pay a service bill for maintenance of the building invoiced on behalf of the management company. Where you purchase the apartment you will have to pay this charge, normally in instalments accross the year. This may vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent for you to pay annual, this is usually not a large sum, say about £50-£100 but you need to check as occasionally it can be prohibitively expensive. It is important to be aware if changing the roof or some other significant cost is anticipated that will be shared amongst the leasehold owners and will dramatically increase the the service fees or result in a specific payment.

Other Topics

Lease Extensions in Whaley Bridge