Frequently asked questions relating to Chellaston leasehold conveyancing
Helen (my wife) and I may need to rent out our Chellaston 1st floor flat for a while due to taking a sabbatical. We instructed a Chellaston conveyancing practice in 2002 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?
Even though your previous Chellaston conveyancing lawyer is no longer available you can review your lease to check if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you must obtain consent from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without first obtaining consent. The consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord for their consent.
I have recently realised that I have 68 years left on my flat in Chellaston. I now wish to extend my lease but my freeholder is absent. What are my options?
If you meet the appropriate requirements, 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 enable the lease to be extended by the Court. You will be obliged to demonstrate that you have done all that could be expected to locate the lessor. In some cases a specialist would be useful to conduct investigations and prepare a report to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Chellaston.
Expecting to exchange soon on a ground floor flat in Chellaston. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Chellaston should include some of the following:
- How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
I've recently bought a leasehold house in Chellaston. Do I have any liability for service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).
Do you have any top tips for leasehold conveyancing in Chellaston with the intention of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Chellaston can be reduced if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
- Some Chellaston leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
Leasehold Conveyancing in Chellaston - A selection of Queries before buying
What prohibitions are there in the Chellaston Lease?
Please inform me if there are any major works in the planning that could add a premium to the maintenance charges?
Many Chellaston leasehold flats will incur a service charge for the upkeep of the building invoiced on behalf of the management company. If you purchase the apartment you will have to meet this amount, usually quarterly accross the year. This could differ from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent for you to pay annual, ordinarily this is not a significant figure, say approximately £50-£100 but you need to check it because occasionally it can be prohibitively expensive.