Sample questions relating to Bedminster leasehold conveyancing
I want to let out my leasehold flat in Bedminster. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Even though your previous Bedminster conveyancing lawyer is no longer available you can check your lease to see if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
I am hoping to complete next month on a ground floor flat in Bedminster. Conveyancing lawyers inform me that they report fully within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Bedminster should include some of the following:
- The physical extent of the premises. This will be the apartment itself but could also include a loft or cellar if applicable.
I have just appointed agents to market my ground floor apartment in Bedminster.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is 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 until 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.
My wife and I purchased a leasehold flat in Bedminster. Conveyancing and Yorkshire Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Bedminster who previously acted has now retired.Do I pay?
First contact HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Bedminster conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Last month I purchased a leasehold house in Bedminster. Am I liable to pay service charges for periods before 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).
Bedminster Leasehold Conveyancing - Examples of Queries before Purchasing
It would be wise to discover as much as you can concerning the managing agents as they can either make your living at the property much simpler or uncomfortable. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the upkeep of the common parts. Ask other people whether they are happy with their management. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.
The prefered form of lease structure is a share of the freehold. In this situation the tenants have control and although a managing agent is often employed where it is bigger than a house conversion, the managing agent employed by the leaseholders.
What is the name of the managing agents?