Common questions relating to Alfriston leasehold conveyancing
Helen (my wife) and I may need to sub-let our Alfriston ground floor flat temporarily due to a new job. We instructed a Alfriston conveyancing firm in 2004 but they have closed and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your last Alfriston conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without prior consent. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
My wife and I purchased a leasehold house in Alfriston. Conveyancing and Barclays Direct 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 1993. The conveyancing solicitor in Alfriston who acted for me is not around.Any advice?
First make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Alfriston conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to appointing a Alfriston conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Alfriston conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Alfriston conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:
- If they are not ALEP accredited then why not?
Do you have any advice for leasehold conveyancing in Alfriston with the intention of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Alfriston can be bypassed where you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers.
- The majority landlords or Management Companies in Alfriston charge for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Alfriston.
When it comes to leasehold conveyancing in Alfriston what are the most common lease problems?
Leasehold conveyancing in Alfriston is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the premises
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed requirements 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, forcing the purchaser to withdraw.
Leasehold Conveyancing in Alfriston - Sample of Questions you should ask Prior to buying
The answer will be helpful as a) areas can cause problems for the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have all the details
Who manages the building?
Please note that where the lease has no more than 80 years it will have adverse implications on the marketability of the property. It is worth checking with your mortgage company that they are happy with remaining years on the lease. A short lease means that you will most likely require a lease extension at some point and you need to have some idea of how much this will be. For most Alfristonlease extensions you would need to own the residence for a couple of years in order to be entitled to extend the lease.