Frequently asked questions relating to Whitchurch leasehold conveyancing
I am on look out for some leasehold conveyancing in Whitchurch. Before I get started I would like to find out the unexpired term of the lease.
Assuming the lease is registered - and most are in Whitchurch - 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 Whitchurch garden flat temporarily due to a new job. We used a Whitchurch conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous Whitchurch conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without prior consent. Such consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in Whitchurch. I now want to get lease extension but my freeholder is missing. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to find the lessor. In some cases a specialist may be useful to conduct investigations and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering Whitchurch.
I own a leasehold flat in Whitchurch. Conveyancing and The Mortgage Works mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Whitchurch who acted for me is not around.Do I pay?
First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Whitchurch conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing 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 practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several 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 could be helpful:
- How experienced is the practice with lease extension legislation?
Whitchurch Conveyancing for Leasehold Flats - A selection of Queries before buying
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It would be prudent to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the upkeep of the communal areas. Enquire of prospective neighbours whether they are happy with their management. In conclusion, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money.
Please note that where the lease has no more than eighty years it will affect the salability of the flat. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you will need to own the premises for a couple of years before you are eligible to extend the lease.
Many Whitchurch leasehold flats will have a service bill for the upkeep of the block invoiced by the landlord. If you buy the apartment you will have to meet this contribution, normally in instalments accross the year. This can vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent to be met annual, normally this is not a large amount, say about £25-£75 but you need to enquire as sometimes it could be many hundreds of pounds.
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