Sample questions relating to Chatteris leasehold conveyancing
I would like to sublet my leasehold flat in Chatteris. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Some leases for properties in Chatteris do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to 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.
Looking forward to sign contracts shortly on a garden flat in Chatteris. Conveyancing lawyers assured me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Chatteris should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
I have just started marketing my ground floor flat in Chatteris.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?
It best that you 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 unless 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.
I am a negotiator for a busy estate agency in Chatteris where we see a few leasehold sales derailed due to short leases. I have been given contradictory information from local Chatteris conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can instigate the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Can you provide any top tips for leasehold conveyancing in Chatteris from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Chatteris can be bypassed if you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Chatteris leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such changes. Where you fail to have the consents in place do not communicate with the landlord without checking with your solicitor before hand.
Chatteris Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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Its a good idea to find out as much as possible concerning the company managing the building as they will either make your life much easier or problematic. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day issues like the upkeep of the common parts. You should not be afraid to ask prospective neighbours what they think of them. On a final note, be sure you know the dates that the maintenance fees are due to the relevant party and specifically what it includes.
On the whole the outlay for major works are not incorporated into the service charges, although there some managing agents in Chatteris ask leasehold owners to pay into a reserve fund and this is used to offset against larger works.
It is important to be aware if fixing the lift or some other major work is due shortly to be shared by the leasehold owners and may well materially impact the level of the service charges or necessitate a specific payment.
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