Common questions relating to Boncath leasehold conveyancing
Due to sign contracts shortly on a ground floor flat in Boncath. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Boncath should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
Back In 2001, I bought a leasehold house in Boncath. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Boncath who acted for me is not around.What should I do?
First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Boncath conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am tempted by the attractive purchase price for a couple of apartments in Boncath both have about 50 years unexpired on the leases. Will this present a problem?
A lease is a right to use the property for a period of time. As the lease shortens the value of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £150000 flat in Boncath in six days. The freeholder has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Boncath?
Boncath conveyancing on leasehold apartments normally involves fees being levied by managing agents :
- Addressing pre-contract enquiries
- Where consent is required before sale in Boncath
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Are there common deficiencies that you encounter in leases for Boncath properties?
Leasehold conveyancing in Boncath is not unique. All leases are individual and drafting errors can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the building
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Barnsley Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Boncath Conveyancing for Leasehold Flats - A selection of Queries before buying
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Is anyone aware of any major works on the horizon that could increase the service fees?
Many Boncath leasehold apartments will incur a service bill for maintenance of the block invoiced on behalf of the freeholder. Should you buy the flat you will have to pay this amount, normally quarterly throughout the year. This can vary from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent for you to pay annual, ordinarily this is not a significant amount, say approximately £50-£100 but you need to enquire as sometimes it could be many hundreds of pounds.
The answer will be important as a) areas can result in problems in the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the running of the building you will need to have all the details
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