Sample questions relating to Dorchester leasehold conveyancing
I am on look out for some leasehold conveyancing in Dorchester. Before diving in I would like to find out the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Dorchester - 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.
I wish to let out my leasehold flat in Dorchester. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Notwithstanding that your previous Dorchester conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek consent from your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent should not be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord for their consent.
Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Dorchester. I need to get lease extension but my freeholder is can not be found. What are my options?
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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the lessor. In some cases a specialist should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court covering Dorchester.
Estate agents have just been given the go-ahead to market my 2 bed apartment in Dorchester.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge invoice – what should I do?
The sensible thing to do is discharge 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. This will smooth the conveyancing process.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £300000 flat in Dorchester next Tuesday . The freeholder has quoted £348 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Dorchester?
Dorchester conveyancing on leasehold maisonettes usually requires the purchaser’s conveyancer submitting questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be willing to do so. They may invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The administration charge levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration fees, without which the charge is technically not due. In reality you have little option but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Leasehold Conveyancing in Dorchester - Sample of Queries Prior to Purchasing
Is the freehold owned jointly by the tenants?
How much is the ground rent and service charge?
The best form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this scenario the leaseholders benefit from being in charge if their destiny and notwithstanding that a managing agent is usually retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.