Duffield leasehold conveyancing: Q and A’s
Due to complete next month on a studio apartment in Duffield. Conveyancing solicitors inform me that they will have a report out to me next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Duffield should include some of the following:
- The physical extent of the property. This will be the flat itself but might include a loft or basement if appropriate.
- Setting out your rights in relation to common areas in the block.By way of example, does the lease include a right of way over a path or staircase?
- Ground rent - how much and when you need to pay, and also know whether this is subject to change
- Responsibility for repairing the window frames
- What options are open to you if a neighbour breach a clause of their lease?
- What the implications are if you breach a clause of your lease?
My wife and I purchased a leasehold flat in Duffield. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Duffield who acted for me is not around.Do I pay?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Duffield conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to finding a Duffield conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Duffield conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Duffield conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- Can they put you in touch with client in Duffield who can give a testimonial?
- What are the charges for lease extension conveyancing?
All being well we will complete our sale of a £ 250000 apartment in Duffield next Thursday . The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Duffield?
Duffield conveyancing on leasehold apartments normally requires the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions the majority will be content to do so. They may levy a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it is in excess of £800. The management information fee demanded by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is not strictly payable. In reality one has no option but to pay whatever is requested of you if you want to sell the property.
Are there common defects that you see in leases for Duffield properties?
There is nothing unique about leasehold conveyancing in Duffield. Most leases are individual and drafting errors can sometimes mean that certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the property
- 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 issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Bank of Scotland, and Clydesdale all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.
Duffield Leasehold Conveyancing - Sample of Questions you should ask before buying
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Please inform me if there are any major works in the near future that could add a premium to the maintenance costs?
What restrictions exist in the Duffield Lease?