Fixed-fee leasehold conveyancing in Chellaston:

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Questions and Answers: Chellaston leasehold conveyancing

Helen (my wife) and I may need to let out our Chellaston ground floor flat temporarily due to a new job. We instructed a Chellaston conveyancing firm in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your previous Chellaston conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must seek consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining permission. The consent must not not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Planning to exchange soon on a garden flat in Chellaston. Conveyancing solicitors have said that they will have a report out to me 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 Chellaston should include some of the following:

  • You should receive a copy of the lease
  • The physical extent of the property. This will be the flat itself but could also incorporate a loft or basement if appropriate.
  • Defining your rights in relation to the communal areas in the building.For example, does the lease permit a right of way over an accessway or hallways?
  • Does the lease prevent you from renting out the property, or working from home
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Chellaston please enquire of your conveyancer in ahead of your conveyancing in Chellaston

    • I have just appointed agents to market my garden flat in Chellaston.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – Do I pay up?

    It best that you pay the invoice 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.

    I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Chellaston. Conveyancing advisers have are about to be appointed. Will they explain the issues?

    Most houses in Chellaston are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Chellaston so you should seriously consider shopping around for a Chellaston conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should advise you fully on all the issues.

    Do you have any top tips for leasehold conveyancing in Chellaston with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Chellaston can be bypassed where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
    • Many freeholders or managing agents in Chellaston charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Chellaston.
  • A minority of Chellaston leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.
  • You may think that you are aware of the number of years left on your lease but you should double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Chellaston Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

      Is the freehold reversion owned collectively by the leaseholders? In the main the cost for major works are not built into the service charges, albeit that a few managing agents in Chellaston obliged leasehold owners to pay into a sinking fund created for the specific intention of establishing a fund for larger works. What is the name of the managing agents?

    Other Topics

    Lease Extensions in Chellaston