Guaranteed fixed fees for Leasehold Conveyancing in Aldeburgh

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Aldeburgh leasehold conveyancing Example Support Desk Enquiries

Jane (my partner) and I may need to sub-let our Aldeburgh garden flat for a while due to a career opportunity. We instructed a Aldeburgh conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease governs the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Aldeburgh do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Due to sign contracts shortly on a basement flat in Aldeburgh. Conveyancing lawyers inform me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Aldeburgh should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Setting out your rights in relation to common areas in the block.For instance, does the lease include a right of way over a path or staircase?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a sinking fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Aldeburgh please enquire of your conveyancer in advance of your conveyancing in Aldeburgh

    • I’m about to sell my basement apartment in Aldeburgh.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – what should I do?

    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 management companies 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. This will smooth the conveyancing process.

    I've recently bought a leasehold property in Aldeburgh. Do I have any liability for service charges for periods before completion of my purchase?

    In a situation 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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

    What makes a Aldeburgh lease defective?

    There is nothing unique about leasehold conveyancing in Aldeburgh. All leases are individual and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Leeds Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

    Aldeburgh Leasehold Conveyancing - Examples of Queries before Purchasing

      What is the maintenance charge and ground rent on the flat? Does the lease include onerous restrictions? Where a Aldeburgh lease has no more than 80 years it will impact the salability of the flat. Check with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and it is worth discovering how much this will be. For most Aldeburghlease extensions you would need to own the residence for a couple of years before you are entitled to extend the lease.

    Other Topics

    Lease Extensions in Aldeburgh