Top Five Questions relating to Charmouth leasehold conveyancing
I wish to rent out my leasehold flat in Charmouth. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Notwithstanding that your previous Charmouth conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to seek permission from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without prior permission. The 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.
Having checked my lease I have discovered that there are only 68 years remaining on my flat in Charmouth. I am keen to get lease extension but my landlord is can not be found. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to locate the lessor. For most situations a specialist should be useful to conduct investigations and prepare a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Charmouth.
I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Charmouth. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
Most houses in Charmouth are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Charmouth in which case you should be shopping around for a Charmouth conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.
Can you offer any advice when it comes to choosing a Charmouth conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Charmouth conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Charmouth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How many lease extensions has the firm conducted in Charmouth in the last year?
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £425000 flat in Charmouth in just under a week. The management company has quoted £372 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Charmouth?
Charmouth conveyancing on leasehold flats more often than not involves the purchaser’s solicitor submitting questions for the landlord to answer. Although the landlord is not legally bound to address such questions the majority will be willing to do so. They are entitled invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the charge is not strictly payable. In reality one has little choice but to pay whatever is demanded if you want to complete the sale of your home.
Charmouth Conveyancing for Leasehold Flats - A selection of Queries before buying
How long is the Lease?
The majority of Charmouth leasehold apartments will incur a service charge for maintenance of the block levied by the management company. Where you acquire the apartment you will have to meet this amount, normally periodically throughout the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a rentcharge to be met yearly, this is usually not a exorbitant figure, say approximately £50-£100 but you need to check as sometimes it can be prohibitively expensive.
On the whole the cost for major works tend not to be included within maintenance charges, although a few managing agents in Charmouth obliged leaseholders to contribute towards a sinking fund and this is used to offset against major works.