Morganstown leasehold conveyancing: Q and A’s
Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Morganstown. I am keen to get lease extension but my landlord is absent. What should I do?
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 mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the freeholder. In some cases a specialist would be helpful to carry out a search and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Morganstown.
I have just started marketing my garden flat in Morganstown.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Morganstown. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Morganstown ?
The majority of houses in Morganstown are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Morganstown so you should seriously consider looking for a Morganstown conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your lawyer should report to you on the legal implications.
Back In 2005, I bought a leasehold flat in Morganstown. Conveyancing and Yorkshire Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Morganstown who previously acted has long since retired.Do I pay?
The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Morganstown conveyancing firm to do this as it can be done on-line 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.
I am attracted to a two maisonettes in Morganstown both have about fifty years remaining on the leases. Do I need to be concerned?
There are plenty of short leases in Morganstown. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the value of the lease reduces and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena
Morganstown Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying
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Does the lease include onerous restrictions?
It would be sensible to investigate if there is anything that is prohibited in the lease. By way of example it is very common in Morganstown leases that pets are not allowed in in a block in Morganstown. If you love the apartmentin Morganstown yet your dog can’t live with you then you will be faced difficult decision.
This question is important as a) areas could cause problems in the building as the common areas may begin to deteriorate if repairs remain unpaid b) if the tenants have a dispute with the managing agents you will wish to have full disclosure
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