Top Five Questions relating to Chatteris leasehold conveyancing
Frank (my husband) and I may need to sub-let our Chatteris 1st floor flat temporarily due to a new job. We instructed a Chatteris conveyancing practice in 2001 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
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 cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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.
Planning to complete next month on a ground floor flat in Chatteris. Conveyancing lawyers assured me that they report fully on Monday. 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:
- The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
I own a leasehold house in Chatteris. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Chatteris who acted for me is not around.What should I do?
First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. There is no need to instruct a Chatteris conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to choosing a Chatteris conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Chatteris conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Chatteris conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- How many lease extensions have they carried out in Chatteris in the last twenty four months?
When it comes to leasehold conveyancing in Chatteris what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in Chatteris. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. 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
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
You may encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Chelsea Building Society, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.
Leasehold Conveyancing in Chatteris - A selection of Questions you should ask Prior to buying
How is the lease structured?
The answer will be useful as a) areas may cause problems for the building as the communal areas may start to deteriorate where services are not paid for b) if the leasehold owners have an issue with the running of the building you will want to have all the details
What is the name of the managing agents?