Frequently asked questions relating to Alsager leasehold conveyancing
I have recently realised that I have 68 years remaining on my lease in Alsager. I now want to extend my lease but my freeholder is missing. What options are available to me?
If 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 mean that your lease can be lengthened by the Court. However, you will be required to prove that you have used your best endeavours to track down the freeholder. In some cases a specialist may be helpful to try and locate and prepare an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Alsager.
Planning to sign contracts shortly on a basement flat in Alsager. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Alsager should include some of the following:
- The total extent of the premises. This will be the flat itself but could also include a loft or cellar if appropriate.
I've found a house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Alsager. Conveyancing solicitors have not yet been instructed. Will they explain the issues?
Most houses in Alsager are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Alsager so you should seriously consider shopping around for a Alsager conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer will advise you fully on all the issues.
I am employed by a reputable estate agent office in Alsager where we have witnessed a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Alsager conveyancing solicitors. Please can you confirm whether the owner of a flat can start the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
We expect to complete our sale of a £325000 maisonette in Alsager in just under a week. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Alsager?
Alsager conveyancing on leasehold apartments more often than not involves the buyer’s lawyer submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be willing to assist. They are entitled charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that you have no choice but to pay whatever is demanded should you wish to sell the property.
Alsager Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
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For many Alsager leaseholds the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Alsager obliged tenants to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.
Please note that where the lease has less than 80 years it will affect the marketability of the property. It is worth checking with your bank that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth discovering how much this will be. For most Alsagerlease extensions you would need to own the property for a couple of years in order to be legally able to extend the lease.
This information is useful as a) areas can cause problems in the block as the common areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have an issue with the running of the building you will want to know about it
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