My partner and I may need to let out our Chelmsley Wood ground floor flat for a while due to taking a sabbatical. We instructed a Chelmsley Wood conveyancing practice in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Your lease dictates relations between the freeholder and you the flat owner; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Chelmsley Wood do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Expecting to sign contracts shortly on a ground floor flat in Chelmsley Wood. Conveyancing solicitors have said that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Chelmsley Wood should include some of the following:

• Defining your rights in relation to the communal areas in the block.For instance, does the lease include a right of way over a path or staircase?

I own a leasehold flat in Chelmsley Wood. Conveyancing and Accord Mortgages Ltd mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Chelmsley Wood who previously acted has long since retired.Do I pay?

First make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Chelmsley Wood conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold property in Chelmsley Wood. Do I have any liability for service charges for periods before my ownership?

In a situation 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

When it comes to leasehold conveyancing in Chelmsley Wood what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Chelmsley Wood. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Leeds Building Society, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

Chelmsley Wood Leasehold Conveyancing - Sample of Queries Prior to buying

You will want to discover as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the cleanliness of the communal areas. Ask prospective neighbours what they think of them. On a final note, be sure you understand the dates that you are obliged pay the maintenance charge to the appropriate party and specifically what you get for your money. If a Chelmsley Wood lease has no more than eighty years it will have adverse implications on the value of the property. Check with your bank that they are content with residual term of the lease. A short lease means that you will almost definitely need a lease extension at some point and it is worth finding out how much this will be. For most Chelmsley Woodlease extensions you will need to own the residence for two years before you are eligible to extend the lease. Are any of leasehold owners in dispute over their service charge liability?

Other Topics

Lease Extensions in Chelmsley Wood