Frequently asked questions relating to Allenton leasehold conveyancing
I am on look out for some leasehold conveyancing in Allenton. Before I get started I would like to find out the remaining lease term.
Assuming the lease is registered - and most are in Allenton - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Allenton. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Allenton ?
The majority of houses in Allenton are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Allenton so you should seriously consider looking for a Allenton conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should report to you on the legal implications.
My wife and I purchased a leasehold flat in Allenton. Conveyancing and TSB mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Allenton who acted for me is not around.What should I do?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Allenton conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Last month I purchased a leasehold flat in Allenton. Do I have any liability for service charges relating to a period prior to my ownership?
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 are your top tips when it comes to choosing a Allenton conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Allenton conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Allenton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- How experienced is the practice with lease extension legislation?
Allenton Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
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Who manages the building?
Many Allenton leasehold flats will incur a service bill for the upkeep of the building invoiced on behalf of the management company. Where you acquire the apartment you will have to meet this contribution, normally periodically during the year. This can differ from several hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all probability there will be a rentcharge to be met yearly, this is usually not a exorbitant figure, say about £50-£100 but you should to check it because on occasion it can be many hundreds of pounds.
You will want to discover as much as possible concerning the company managing the building as they will either make life much easier or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the tidiness of the communal areas. Ask prospective neighbours if they are happy with them. On a final note, be sure you understand the dates that the service charges are due to the appropriate party and specifically how they are spending that money.
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