I want to rent out my leasehold flat in Cullercoats. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A small minority of properties in Cullercoats do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to 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 garden flat in Cullercoats.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – what should I do?

The sensible thing to do is clear the invoice 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 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. This will smooth the conveyancing process.

I've found a house that seems to be perfect, at a reasonable figure which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Cullercoats. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Cullercoats are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Cullercoats so you should seriously consider shopping around for a Cullercoats conveyancing solicitor and be sure 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 tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your conveyancer should report to you on the legal implications.

Back In 2002, I bought a leasehold flat in Cullercoats. Conveyancing and Santander mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Cullercoats who previously acted has now retired.What should I do?

The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Cullercoats conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

When it comes to leasehold conveyancing in Cullercoats what are the most frequent lease defects?

Leasehold conveyancing in Cullercoats is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Virgin Money, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Cullercoats Conveyancing for Leasehold Flats - A selection of Queries before buying

Be sure to enquire if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Cullercoats. If you like the propertyin Cullercoats yet your dog is not allowed to make the move with you then you will be faced difficult decision. Are there any major works in the near future that could add a premium to the service charges? Where a Cullercoats lease has no more than eighty years it will impact the marketability of the apartment. Check with your bank that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will probably need a lease extension at some point and it is worth finding out what this will be. For most Cullercoatslease extensions you will be be obliged to have been the owner of the property for 24 months before you are entitled to carry out a lease extension.

Other Topics

Lease Extensions in Cullercoats