Benfleet leasehold conveyancing: Q and A’s
I am in need of some leasehold conveyancing in Benfleet. Before I set the wheels in motion I would like to find out the remaining lease term.
If the lease is registered - and 99.9% are in Benfleet - 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.
My wife and I may need to rent out our Benfleet ground floor flat for a while due to a new job. We instructed a Benfleet conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your previous Benfleet conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to seek consent via your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.
Due to sign contracts shortly on a garden flat in Benfleet. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Benfleet should include some of the following:
- The physical extent of the premises. This will be the flat itself but may incorporate a loft or cellar if applicable.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £425000 maisonette in Benfleet on Thursday in a week. The managing agents has quoted £384 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Benfleet?
Benfleet conveyancing on leasehold flats more often than not requires the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to do so. They are entitled invoice a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some cases it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in relation to administration fees, otherwise the invoice is technically not due. In reality you have little option but to pay whatever is demanded if you want to complete the sale of your home.
When it comes to leasehold conveyancing in Benfleet what are the most common lease problems?
Leasehold conveyancing in Benfleet is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are not included. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the premises
- Insurance obligations
- 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
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.
Benfleet Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
Please tell me if there are any major works in the near future that could increase the maintenance fees?
Does the lease have onerous restrictions?
Be sure to find out if there are any onerous prohibitions in the lease. For example some leases prohibit pets being allowed in certain buildings in Benfleet. If you love the flatin Benfleet but your cat is not allowed to move with you then you have a very difficult determination.