Battle leasehold conveyancing: Q and A’s
I am in need of some leasehold conveyancing in Battle. Before diving in I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and almost all are in Battle - then the leasehold title will always include the short particulars 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 want to let out my leasehold flat in Battle. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
The lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Battle do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
I have just appointed agents to market my ground floor apartment in Battle.Conveyancing has not commenced but I have just received a half-yearly 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. Having a clear account will assist your cause and will leave you no worse off financially.
Can you provide any advice for leasehold conveyancing in Battle from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Battle can be reduced where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Battle leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. Should you fail to have the consents to hand do not communicate with the landlord without contacting your solicitor in advance.
When it comes to leasehold conveyancing in Battle what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Battle. All leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the premises
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Chelsea Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.
Battle Leasehold Conveyancing - Examples of Questions you should consider before Purchasing
Who are the managing agents?
Does the lease have more than 90 years left?
Where a Battle lease has less than eighty years it will affect the marketability of the apartment. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will most likely require a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would be required to have been the owner of the property for 24 months in order to be entitled to extend the lease.