Leasehold Conveyancing in Axmouth and Branscombe - Get a Quote from the leasehold experts approved by your lender

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Axmouth and Branscombe leasehold conveyancing: Q and A’s

I would like to rent out my leasehold flat in Axmouth and Branscombe. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your last Axmouth and Branscombe conveyancing solicitor is no longer around you can review your lease to see if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must seek consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Due to sign contracts shortly on a basement flat in Axmouth and Branscombe. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Axmouth and Branscombe should include some of the following:

  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Axmouth and Branscombe please ask your conveyancer in ahead of your conveyancing in Axmouth and Branscombe

    • My wife and I purchased a leasehold flat in Axmouth and Branscombe. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Axmouth and Branscombe who acted for me is not around.Do I pay?

    The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Axmouth and Branscombe conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Last month I purchased a leasehold property in Axmouth and Branscombe. 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).

    Do you have any advice for leasehold conveyancing in Axmouth and Branscombe with the aim of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Axmouth and Branscombe can be bypassed where you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Axmouth and Branscombe levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Axmouth and Branscombe.
  • A minority of Axmouth and Branscombe leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a new share certificate can be a time consuming formality and frustrates many a Axmouth and Branscombe home move. If a new share certificate is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Axmouth and Branscombe Leasehold Conveyancing - A selection of Queries Prior to buying

      This information is important as a) areas may result in problems in the building as the communal areas may start to deteriorate where services remain unpaid b) if the leaseholders have a dispute with the managing agents you will need to have all the details Who are the managing agents? What is the service charge and ground rent on the property?

    Other Topics

    Lease Extensions in Axmouth and Branscombe