Fixed-fee leasehold conveyancing in Carisbrooke:

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Leasehold conveyancing in Carisbrooke is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Carisbrooke and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Recently asked questions relating to Carisbrooke leasehold conveyancing

My husband and I may need to sub-let our Carisbrooke garden flat for a while due to taking a sabbatical. We instructed a Carisbrooke conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Carisbrooke do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

My wife and I purchased a leasehold flat in Carisbrooke. Conveyancing and Platform Home Loans Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Carisbrooke who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Carisbrooke conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold property in Carisbrooke. Do I have any liability for service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner 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).

Can you provide any advice for leasehold conveyancing in Carisbrooke with the intention of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Carisbrooke can be avoided if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
  • Many landlords or Management Companies in Carisbrooke charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Carisbrooke.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Carisbrooke state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such changes. Should you fail to have the approvals to hand you should not contact the landlord without checking with your solicitor in the first instance.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to unresolved.
  • If you hold a share in a the freehold, you should ensure that you have the original share certificate. Organising a replacement share certificate can be a time consuming formality and delays many a Carisbrooke conveyancing transaction. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • All being well we will complete the sale of our £450000 garden flat in Carisbrooke next week. The freeholder has quoted £336 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Carisbrooke?

    Carisbrooke conveyancing on leasehold flats usually necessitates the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is not legally bound to respond to such questions most will be content to do so. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge required by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have little choice but to pay whatever is demanded should you wish to sell the property.

    Leasehold Conveyancing in Carisbrooke - A selection of Questions you should consider Prior to Purchasing

      It would be a good idea to discover if there are any onerous restrictions in the lease. By way of example it is fairly common in Carisbrooke leases that pets are not allowed in in a block in Carisbrooke. If you love the propertyin Carisbrooke but your cat can’t live with you then you will be faced difficult choice. How many of the leaseholders are in arrears for their service charge payments? It is important to be aware whether a new roof is being installed or some other significant cost is coming up that will be shared amongst the leaseholders and may well materially increase the the maintenance charges or result in a one time payment.

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    Lease Extensions in Carisbrooke