Sample questions relating to Hungerford leasehold conveyancing
There are only 68 years left on my lease in Hungerford. I am keen to get lease extension but my landlord is absent. What should I do?
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 an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. On the whole a specialist should be useful to try and locate and prepare an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court covering Hungerford.
I am hoping to sign contracts shortly on a garden flat in Hungerford. Conveyancing lawyers assured me that they report fully next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Hungerford should include some of the following:
- The physical extent of the demise. This will be the apartment itself but might incorporate a loft or basement if appropriate.
I own a leasehold house in Hungerford. Conveyancing and Nottingham Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Hungerford who acted for me is not around.Any advice?
First make enquiries of HMLR to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Hungerford conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Last month I purchased a leasehold flat in Hungerford. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee 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. It is an essential part 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).
Completion in due on our sale of a £325000 apartment in Hungerford on Friday in a week. The managing agents has quoted £372 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Hungerford?
Hungerford conveyancing on leasehold apartments more often than not requires the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to respond to such questions most will be willing to do so. They are at liberty charge a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have little option but to pay whatever is demanded if you want to complete the sale of your home.
Hungerford Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
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Does the lease include onerous restrictions?
How much is the service charge and ground rent on the flat?
The prefered form of lease arrangement is a share of the freehold. In this arrangement the tenants benefit from control and even though a managing agent is often retained if the building is larger than a house conversion, the managing agent employed by the leaseholders.
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