Chipping Sodbury leasehold conveyancing: Q and A’s
I would like to let out my leasehold apartment in Chipping Sodbury. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Some leases for properties in Chipping Sodbury do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience suggests 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 permission.
There are only 62 years remaining on my flat in Chipping Sodbury. I need to extend my lease but my landlord is can not be found. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the freeholder. In some cases a specialist would be useful to conduct investigations and prepare a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Chipping Sodbury.
Due to exchange soon on a ground floor flat in Chipping Sodbury. Conveyancing lawyers inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Chipping Sodbury 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’m about to sell my 2 bed flat in Chipping Sodbury.Conveyancing has not commenced but I have just had a quarterly maintenance charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear 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 management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.
Do you have any top tips for leasehold conveyancing in Chipping Sodbury from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Chipping Sodbury can be avoided where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers solicitors.
- Many landlords or managing agents in Chipping Sodbury charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Chipping Sodbury.
Chipping Sodbury Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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The majority of Chipping Sodbury leasehold apartments will be liable to pay a service charge for the upkeep of the block invoiced by the management company. Where you buy the property you will have to meet this amount, normally quarterly accross the year. This could be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent to be met annual, normally this is not a significant figure, say approximately £25-£75 but you need to check it because sometimes it could be surprisingly expensive.
The best form of lease structure is where the freehold title is in the ownership of the leaseholders. In this arrangement the lessees have being in charge if their destiny and although a managing agent is usually retained where it is larger than a house conversion, the managing agent acts for the leaseholders themselves.
You should be aware that where the lease has fewer than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your bank that they are content with residual term of the lease. A short lease means that you will most likely have to extend the lease at some point and you need to have some idea of what this will be. Remember, in most cases you would be required to have owned the residence for 24 months before you are eligible to extend the lease.
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