Recently asked questions relating to Ampthill leasehold conveyancing
I am on look out for some leasehold conveyancing in Ampthill. Before I get started I would like to find out the number of years remaining on the lease.
If the lease is registered - and 99.9% are in Ampthill - 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.
Harry (my fiance) and I may need to rent out our Ampthill 1st floor flat for a while due to a new job. We used a Ampthill conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
A lease dictates relations between the landlord and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Ampthill do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
Having checked my lease I have discovered that there are only 72 years unexpired on my lease in Ampthill. I need to get lease extension but my freeholder is absent. What are my options?
On the basis that you meet the appropriate requirements, 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 mean that your lease can be extended by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the lessor. For most situations an enquiry agent may be helpful to carry out a search and to produce an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the application to the County Court overseeing Ampthill.
I’m about to sell my garden apartment in Ampthill.Conveyancing has not commenced but I have just had a quarterly maintenance charge invoice – what should I do?
It best that you pay the invoice 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 unless 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 today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Ampthill. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
Most houses in Ampthill are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Ampthill so you should seriously consider looking for a Ampthill conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should advise you fully on all the issues.
Ampthill Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
The best form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this arrangement the leaseholders have control and notwithstanding that a managing agent is usually employed if it is bigger than a house conversion, the managing agent retained by the leaseholders.
It would be prudent to find out as much as possible regarding the managing agents as they can either make living at the property much simpler or problematic. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to daily issues like the upkeep of the common parts. You should not be afraid to ask other people whether they are happy with their management. Finally, find out the dates that the service charges are due to the managing agents and precisely what it includes.
What restrictions are there in the Ampthill Lease?