Examples of recent questions relating to leasehold conveyancing in Oakdale
I am hoping to sign contracts shortly on a garden flat in Oakdale. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Oakdale should include some of the following:
- The physical extent of the property. This will be the apartment itself but could also incorporate a roof space or basement if appropriate.
I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Oakdale. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Oakdale ?
The majority of houses in Oakdale are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Oakdale so you should seriously consider shopping around for a Oakdale conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.
I own a leasehold house in Oakdale. Conveyancing and Chelsea Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Oakdale who previously acted has now retired.What should I do?
First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Oakdale conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, 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 busy estate agent office in Oakdale where we have witnessed a number of flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Oakdale conveyancing solicitors. Can you confirm whether the owner of a flat can instigate the lease extension formalities 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 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 simultaneously with completion of the disposal of the property.
Alternatively, it may be possible 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 purchaser.
If all goes to plan we aim to complete the disposal of our £150000 flat in Oakdale next Monday . The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Oakdale?
Oakdale conveyancing on leasehold apartments ordinarily necessitates fees being levied by freeholders :
- Answering pre-exchange questions
- Where consent is required before sale in Oakdale
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I purchased a split level flat in Oakdale, conveyancing was carried out 1997. Can you work out an approximate cost of a lease extension? Equivalent flats in Oakdale with an extended lease are worth £204,000. The ground rent is £45 invoiced every year. The lease terminates on 21st October 2093
With 67 years unexpired the likely cost is going to range between £15,200 and £17,600 as well as legals.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first seeking the advice of a professional.
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