Recently asked questions relating to Chesham Bois leasehold conveyancing
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Chesham Bois. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Chesham Bois ?
Most houses in Chesham Bois are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Chesham Bois so you should seriously consider looking for a Chesham Bois conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should advise you fully on all the issues.
Back In 2005, I bought a leasehold house in Chesham Bois. Conveyancing and Halifax mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Chesham Bois who acted for me is not around.Any advice?
The first thing you should do is contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Chesham Bois conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am attracted to a two flats in Chesham Bois which have in the region of fifty years unexpired on the leases. Will this present a problem?
There are plenty of short leases in Chesham Bois. The lease is a right to use the property for a prescribed time frame. As a lease shortens the marketability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a solicitor and surveyor with experience in this area
Last month I purchased a leasehold flat in Chesham Bois. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner 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).
We expect to complete our sale of a £175000 flat in Chesham Bois in just under a week. The management company has quoted £324 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Chesham Bois?
Chesham Bois conveyancing on leasehold flats typically results in fees being levied by management companies :
- Answering pre-exchange questions
- Where consent is required before sale in Chesham Bois
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Chesham Bois Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying
It would be prudent to enquire if there is anything that is prohibited in the lease. By way of example it is reasonably common in Chesham Bois leases that pets are not allowed in certain buildings in Chesham Bois. If you love the apartmentin Chesham Bois but your dog can’t move with you then you have a very difficult choice.
How long is the Lease?
How many of the leaseholders are in arrears for their service charge payments?