Frequently asked questions relating to Claverdon leasehold conveyancing
I want to sublet my leasehold flat in Claverdon. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
A small minority of properties in Claverdon do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see 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.
Having checked my lease I have discovered that there are only 68 years left on my flat in Claverdon. I am keen to extend my lease but my freeholder is can not be found. What are my options?
On the basis that you qualify, 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 mean that your lease can be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the landlord. On the whole a specialist may be useful to carry out a search and to produce an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Claverdon.
Last month I purchased a leasehold property in Claverdon. 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 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 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).
Can you offer any advice when it comes to choosing a Claverdon conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Claverdon conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Claverdon conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the firm with lease extension legislation?
Can you provide any top tips for leasehold conveyancing in Claverdon from the point of view of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Claverdon can be avoided if you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
- The majority freeholders or Management Companies in Claverdon levy fees for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Claverdon.
Claverdon Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying
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Where a Claverdon lease has no more than eighty years it will have adverse implications on the salability of the apartment. It is worth checking with your bank that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining 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. For most Claverdonlease extensions you will be required to have been the owner of the property for two years before you are entitled to exercise a lease extension.
In the main the outlay for major works tend not to be built into the service charges, although a few managing agents in Claverdon obliged leaseholders to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.
Many Claverdon leasehold properties will have a service charge for maintenance of the block levied by the landlord. Where you buy the apartment you will have to pay this charge, usually quarterly accross the year. This may differ from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent to be met annual, this is usually not a significant amount, say around £50-£100 but you should to enquire as on occasion it can be many hundreds of pounds.
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