Leasehold Conveyancing in Aston on Trent - Get a Quote from the leasehold experts approved by your lender

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Recently asked questions relating to Aston on Trent leasehold conveyancing

Jane (my partner) and I may need to rent out our Aston on Trent ground floor flat for a while due to a career opportunity. We used a Aston on Trent conveyancing practice in 2002 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Aston on Trent conveyancing lawyer is no longer around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining permission. The consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.

Expecting to exchange soon on a ground floor flat in Aston on Trent. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • You need to be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Changes to the flat (alterations and additions)
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Aston on Trent please enquire of your lawyer in advance of your conveyancing in Aston on Trent

    • Last month I purchased a leasehold property in Aston on Trent. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    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).

    Can you offer any advice when it comes to appointing a Aston on Trent conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a solicitor for lease extension works (regardless if they are a Aston on Trent 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 two or three firms including non Aston on Trent conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • What volume of lease extensions have they carried out in Aston on Trent in the last 12 months?
  • Can they put you in touch with client in Aston on Trent who can give a testimonial?

    • In relation to leasehold conveyancing in Aston on Trent what are the most frequent lease problems?

    Leasehold conveyancing in Aston on Trent is not unique. All leases is drafted differently and drafting errors can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the property
    • 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 could 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. HSBC Bank, Skipton Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Aston on Trent Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

      What is the name of the managing agents? Are any of leasehold owners in arrears of their service charge liability? The best form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this situation the lessees enjoy control and even though a managing agent is often retained if it is larger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Aston on Trent