Examples of recent questions relating to leasehold conveyancing in Chichester
My fiance and I may need to let out our Chichester garden flat for a while due to taking a sabbatical. We used a Chichester conveyancing firm in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Chichester do contain a provision to say that subletting is only allowed with permission. 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.
Looking forward to sign contracts shortly on a studio apartment in Chichester. Conveyancing solicitors inform me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Chichester should include some of the following:
- Are you allowed to have a pet in the flat?
I have just started marketing my 2 bed apartment in Chichester.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is pay the service charge 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.
Can you offer any advice when it comes to appointing a Chichester conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Chichester conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Chichester conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- How experienced is the firm with lease extension legislation?
When it comes to leasehold conveyancing in Chichester what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in Chichester. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are erroneous. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain elements of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Chelsea Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.
Chichester Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing
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Is there a share of the freehold?
Are any of leasehold owners in arrears of their service charge payments?
It is important to be aware if window replacement or some other significant cost is coming up to be shared by the leaseholders and will materially impact the level of the service charges or necessitate a one time payment.
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