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Recently asked questions relating to Whitefield leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Whitefield. Before diving in I require certainty as to the remaining lease term.

If the lease is registered - and almost all are in Whitefield - 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 only have Seventy years remaining on my lease in Whitefield. I need to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you meet the appropriate requirements, 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 extended by the magistrate. You will be obliged to prove that you have done all that could be expected to track down the landlord. For most situations a specialist may be useful to carry out a search and prepare an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Whitefield.

Expecting to complete next month on a studio apartment in Whitefield. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Whitefield should include some of the following:

  • You should be sent a copy of the lease
  • The physical extent of the demise. This will be the apartment itself but could also incorporate a loft or basement if appropriate.
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from subletting the property, or working from home
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Whitefield please enquire of your solicitor in ahead of your conveyancing in Whitefield

    • Back In 2001, I bought a leasehold flat in Whitefield. Conveyancing and Aldermore mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Whitefield who previously acted has long since retired.Any advice?

    First contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Whitefield conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    What are the frequently found deficiencies that you encounter in leases for Whitefield properties?

    There is nothing unique about leasehold conveyancing in Whitefield. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Leeds Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.

    Whitefield Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

      It would be sensible to discover as much as you can about the managing agents as they can either make your living at the property much simpler or uncomfortable. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day issues such as the cleanliness of the common parts. Enquire of prospective neighbours what they think of their management. In conclusion, investigate as to the dates that the service charges are due to the managing agents and precisely what you get for your money. Generally speaking the outlay for major works are not included within maintenance charges, albeit that there some managing agents in Whitefield ask leasehold owners to pay into a reserve fund created for the specific intention of building a fund for larger works. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Whitefield