Frequently asked questions relating to Kirkby Lonsdale leasehold conveyancing
I am on look out for some leasehold conveyancing in Kirkby Lonsdale. Before diving in I want to be sure as to the number of years remaining on the lease.
Assuming the lease is registered - and 99.9% are in Kirkby Lonsdale - then the leasehold title will always include the basic details 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 Seventy years unexpired on my flat in Kirkby Lonsdale. I now wish to get lease extension but my freeholder is absent. What are my options?
On the basis that you qualify, 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 enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the lessor. In some cases a specialist would be helpful to conduct investigations and prepare an expert document to be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Kirkby Lonsdale.
Due to exchange soon on a leasehold property in Kirkby Lonsdale. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Kirkby Lonsdale should include some of the following:
- The physical extent of the demise. This will be the property itself but may include a loft or basement if appropriate.
I own a leasehold house in Kirkby Lonsdale. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Kirkby Lonsdale who previously acted has now retired.Do I pay?
The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Kirkby Lonsdale conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I work for a long established estate agent office in Kirkby Lonsdale where we have witnessed a number of leasehold sales derailed due to short leases. I have been given contradictory information from local Kirkby Lonsdale conveyancing solicitors. Please can you confirm whether the seller of a flat can commence the lease extension process 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.
An alternative approach is 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.
Kirkby Lonsdale Leasehold Conveyancing - Examples of Queries Prior to buying
-
How many years remain on the lease?
Be sure to investigate if there is anything that is prohibited in the lease. For instance it is reasonably common in Kirkby Lonsdale leases that pets are not allowed in in a block in Kirkby Lonsdale. If you like the apartmentin Kirkby Lonsdale however your cat can’t move with you then you will be presented with a hard compromise.
Can you tell me if there are any major works on the horizon that could add a premium to the service charges?
Other Topics