It is is a decade since I acquired my house in Sefton. Conveyancing solicitors have now been appointed on the sale but I can't find the deeds. Is this a major issue?
You need not be too concerned. First there is a chance that the deeds will be with your mortgage company or they could be in the possession of the solicitor who handled your purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Nearly all conveyancing in Sefton relates to registered property but in the rare situation where your property is unregistered it is more problematic but is not insurmountable.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Sefton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Sefton
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There must be mutual enforceability of lessee’s covenants.
Forfeiture - bankruptcy or liquidation must not apply under this provision.
Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I opted to have a survey done on a house in Sefton before appointing solicitors. I have been told that there is a flying freehold element to the property. The surveyor has said that some lenders tend refuse to give a loan on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you contact us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sefton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Sefton to see if the conveyancing costs will increase in light of this.
There are only 62 years remaining on my flat in Sefton. I need to extend my lease but my landlord is can not be found. What options are available to me?
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 lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the landlord. For most situations an enquiry agent would be helpful to conduct investigations and prepare an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court overseeing Sefton.
I acquired a 1st floor flat in Sefton, conveyancing having been completed 3 years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar flats in Sefton with a long lease are worth £165,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease ends on 21st October 50
With only 50 years remaining on your lease we estimate the price of your lease extension to range between £36,100 and £41,800 as well as professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.
I have miscalculated my finances and am a couple of thousand pounds short a 10% deposit on my flat purchase in Sefton , but I am keen exchange. What can I do?
One option is to try and agree a lower deposit. Most vendors will accept a lower deposit or even no deposit for a first time buyer or 100% mortgage. Be aware though that if you fail to complete you will still need to hand over a minimum of 10% of the purchase price regardless of how much deposit was agreed.
You can also agree a simultaneous exchange and completion as no deposit is required for this however neither party will be tied in until completion actually takes place and it can be risky if sellers change their mind at the last second