Recently asked questions relating to Whitchurch leasehold conveyancing
Looking forward to complete next month on a studio apartment in Whitchurch. Conveyancing lawyers assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Whitchurch should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
Back In 2002, I bought a leasehold house in Whitchurch. Conveyancing and Bank of Scotland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Whitchurch who acted for me is not around.What should I do?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to instruct a Whitchurch conveyancing practitioner to do this as it can be done on-line for less than a fiver. 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.
I am tempted by the attractive purchase price for a two flats in Whitchurch which have about fifty years remaining on the leases. Should I regard a short lease as a deal breaker?
A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease gets shorter the saleability of the lease reduces and results in it becoming more costly to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease extension can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this area
Can you offer any advice when it comes to choosing a Whitchurch conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Whitchurch conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Whitchurch conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How familiar is the practice with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Whitchurch from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Whitchurch can be reduced if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
- Many landlords or Management Companies in Whitchurch levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Whitchurch.
Whitchurch Conveyancing for Leasehold Flats - A selection of Queries before buying
How is the lease structured?
You should be aware if it is no more than 80 years it will affect the marketability of the apartment. Check with your bank that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this would cost. For most Whitchurchlease extensions you would be be obliged to have been the owner of the premises for two years in order to be legally able to exercise a lease extension.
Are there any major works anticipated that could increase the service fees?