Common questions relating to Drybrook leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Drybrook. Before I set the wheels in motion I want to be sure as to the remaining lease term.
Assuming the lease is registered - and almost all are in Drybrook - 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.
There are only 62 years unexpired on my flat in Drybrook. I am keen to get lease extension but my landlord is missing. What should I do?
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 an order 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 demonstrate that you have made all reasonable attempts to find the lessor. For most situations a specialist should be useful to try and locate and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Drybrook.
Last month I purchased a leasehold flat in Drybrook. Am I liable to pay service charges for periods before my ownership?
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 be sure 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).
Can you offer any advice when it comes to finding a Drybrook conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Drybrook conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Drybrook conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- What volume of lease extensions have they carried out in Drybrook in the last twenty four months?
Completion in due on the disposal of our £500000 apartment in Drybrook in 8 days. The management company has quoted £396 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Drybrook?
Drybrook conveyancing on leasehold maisonettes more often than not involves the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to assist. They are entitled invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some transactions it exceeds £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Drybrook Leasehold Conveyancing - Sample of Queries Prior to buying
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How is the lease structured?
You should want to find out as much as you can regarding the company managing the block as they can either make life much easier or uncomfortable. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to every day matters such as the upkeep of the communal areas. You should not be afraid to ask prospective neighbours if they are happy with their service. In conclusion, find out the dates that the service charges are due to the relevant party and specifically what you get for your money.
It would be sensible to discover if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in in a block in Drybrook. If you like the flatin Drybrook yet your cat can’t move with you then you will be presented with a difficult determination.
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