Top Five Questions relating to Cleethorpes leasehold conveyancing
I am on look out for some leasehold conveyancing in Cleethorpes. Before diving in I would like to find out the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Cleethorpes - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Harry (my fiance) and I may need to sub-let our Cleethorpes ground floor flat temporarily due to a career opportunity. We used a Cleethorpes conveyancing practice in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Cleethorpes do contain a provision to say that subletting is only permitted with prior consent from the landlord. 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.
I have just started marketing my basement flat in Cleethorpes.Conveyancing has not commenced but I have just had a yearly maintenance charge invoice – what should I do?
The sensible thing to do is 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 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.
I am a negotiator for a reputable estate agent office in Cleethorpes where we see a few flat sales jeopardised as a result of short leases. I have received conflicting advice from local Cleethorpes conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can commence the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
What are your top tips when it comes to appointing a Cleethorpes conveyancing firm to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Cleethorpes conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Cleethorpes conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- How familiar is the practice with lease extension legislation?
Leasehold Conveyancing in Cleethorpes - Examples of Questions you should consider before buying
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How much is the maintenance charge and ground rent on the property?
You should want to find out as much as possible concerning the managing agents as they will either make life much simpler or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues such as the upkeep of the communal areas. Enquire of other people what they think of their management. On a final note, be sure you discover the dates that the maintenance fees are due to the relevant party and specifically how they are spending that money.
The answer will be helpful as a) areas may result in problems in the block as the communal areas may begin to deteriorate if services remain unpaid b) if the tenants have a dispute with the managing agents you will need to know about it
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