Frequently asked questions relating to Bovey Tracey leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Bovey Tracey. Before I get started I would like to find out the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and 99.9% are in Bovey Tracey - 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.
Helen (my wife) and I may need to let out our Bovey Tracey 1st floor flat temporarily due to a new job. We instructed a Bovey Tracey conveyancing practice in 2002 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Your lease governs relations between the freeholder and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Bovey Tracey do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I have just started marketing my 2 bed apartment in Bovey Tracey.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge invoice – Do I pay up?
The sensible thing to do is discharge 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 managing agents 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 house in Bovey Tracey. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Bovey Tracey who acted for me is not around.Do I pay?
First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Bovey Tracey conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any advice for leasehold conveyancing in Bovey Tracey from the perspective of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Bovey Tracey can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers lawyers.
- If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Bovey Tracey leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such changes. Should you dont have the approvals to hand you should not contact the landlord without contacting your conveyancer in advance.
Bovey Tracey Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
What prohibitions are contained in the Bovey Tracey Lease?
Be sure to investigate if the the lease includes any adverse restrictions in the lease. For instance it is very common in Bovey Tracey leases that pets are not permitted in certain buildings in Bovey Tracey. If you love the apartmentin Bovey Tracey yet your cat can’t move with you then you will be faced hard determination.
Plenty Bovey Tracey leasehold apartments will have a service charge for maintenance of the block levied by the landlord. If you buy the property you will have to meet this contribution, normally periodically during the year. This may differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all likelihood there will be a ground rent to be met yearly, ordinarily this is not a exorbitant figure, say about £50-£100 but you should to enquire as on occasion it can be many hundreds of pounds.