Frequently asked questions relating to Cross Hands leasehold conveyancing
My fiance and I may need to sub-let our Cross Hands garden flat temporarily due to a career opportunity. We used a Cross Hands conveyancing practice in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Even though your previous Cross Hands conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or some other party prior to subletting. This means that you cannot sublet without prior permission. The consent must not not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
Having checked my lease I have discovered that there are only 62 years remaining on my flat in Cross Hands. I now want to extend my lease but my freeholder is absent. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent would be useful to carry out a search and to produce a report to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering Cross Hands.
I’m about to sell my 2 bed flat in Cross Hands.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge demand – Do I pay up?
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 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.
I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Cross Hands. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Cross Hands ?
The majority of houses in Cross Hands are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Cross Hands in which case you should be shopping around for a Cross Hands conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should report to you on the legal implications.
What are the frequently found problems that you encounter in leases for Cross Hands properties?
Leasehold conveyancing in Cross Hands is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Virgin Money, and Nottingham Building Society 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 problematic they may refuse to provide security, forcing the buyer to withdraw.
Leasehold Conveyancing in Cross Hands - Sample of Questions you should consider Prior to Purchasing
The prefered form of lease arrangement is if the freehold interest is owned by the leaseholders. In this situation the tenants enjoy control and notwithstanding that a managing agent is often retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.
How many of the leaseholders are in arrears for their service charge payments?
Plenty Cross Hands leasehold apartments will have a service bill for the upkeep of the building levied by the landlord. Where you acquire the property you will have to pay this charge, normally quarterly accross the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a rentcharge to be met yearly, normally this is not a significant sum, say about £50-£100 but you should to check as on occasion it could be many hundreds of pounds.