Frequently asked questions relating to Billesdon leasehold conveyancing
I want to let out my leasehold flat in Billesdon. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Notwithstanding that your last Billesdon conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord for their consent.
I have recently realised that I have 72 years unexpired on my flat in Billesdon. I am keen to get lease extension but my landlord is missing. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the landlord. In some cases an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the application to the County Court covering Billesdon.
Planning to sign contracts shortly on a garden flat in Billesdon. Conveyancing lawyers have said that they are sending me a report tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Billesdon should include some of the following:
- The total extent of the demise. This will be the flat itself but could also include a loft or basement if applicable.
I have just appointed agents to market my garden flat in Billesdon.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge invoice – what should I do?
It best that you pay the service charge 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.
Back In 2005, I bought a leasehold house in Billesdon. Conveyancing and Virgin Money mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Billesdon who previously acted has long since retired.Any advice?
The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Billesdon conveyancing firm 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 no more than 6 years of rent can be collected.
Billesdon Leasehold Conveyancing - Sample of Queries Prior to buying
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It would be wise to discover if there are any onerous prohibitions in the lease. For example it is reasonably common in Billesdon leases that pets are not allowed in in a block in Billesdon. If you love the flatin Billesdon yet your dog is not allowed to make the move with you then you have a very hard decision.
How long is the Lease?
The answer will be important as a) areas could cause problems for the building as the communal areas may start to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the managing agents you will need to have all the details
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