Ferryside leasehold conveyancing Example Support Desk Enquiries
I only have 72 years remaining on my flat in Ferryside. I now want to extend my lease but my landlord is missing. What are my options?
If you meet the appropriate requirements, 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 extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. For most situations a specialist should be helpful 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 advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Ferryside.
Looking forward to complete next month on a ground floor flat in Ferryside. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Ferryside should include some of the following:
- Defining your rights in relation to the communal areas in the block.E.G., does the lease provide for a right of way over a path or staircase?
I work for a reputable estate agent office in Ferryside where we see a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Ferryside conveyancing firms. Please can you confirm whether the owner of a flat can start the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. 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 sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.
What advice can you give us when it comes to appointing a Ferryside conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Ferryside conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Ferryside conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- Can they put you in touch with client in Ferryside who can give a testimonial?
Can you provide any advice for leasehold conveyancing in Ferryside from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Ferryside can be reduced if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
- The majority landlords or managing agents in Ferryside charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Ferryside.
I own a 2 bed flat in Ferryside, conveyancing having been completed 8 years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Ferryside with a long lease are worth £191,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease terminates on 21st October 2084
With just 59 years unexpired we estimate the premium for your lease extension to span between £20,000 and £23,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.
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