Frequently asked questions relating to Dorridge leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Dorridge. Before diving in I would like to find out the remaining lease term.
If the lease is recorded at the land registry - and almost all are in Dorridge - then the leasehold title will always include the basic details 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.
My husband and I may need to let out our Dorridge ground floor flat temporarily due to a career opportunity. We used a Dorridge conveyancing firm in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Dorridge do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse 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.
I only have 72 years unexpired on my flat in Dorridge. I now wish to get lease extension but my landlord is can not be found. What should I do?
If 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 lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the landlord. For most situations an enquiry agent should be useful to conduct investigations and prepare a report to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court covering Dorridge.
If all goes to plan we aim to complete our sale of a £175000 maisonette in Dorridge next Tuesday . The management company has quoted £396 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Dorridge?
Dorridge conveyancing on leasehold flats more often than not necessitates the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be willing to assist. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee demanded by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have little option but to pay whatever is requested of you should you wish to sell the property.
What are the common defects that you come across in leases for Dorridge properties?
Leasehold conveyancing in Dorridge is not unique. Most leases is drafted differently and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the building
- A duty to insure the building
- 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
A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Virgin Money, and Barclays Direct 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 does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.
Leasehold Conveyancing in Dorridge - Examples of Questions you should ask Prior to buying
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Who is in charge of the building?
Plenty Dorridge leasehold apartments will be liable to pay a service bill for maintenance of the building levied by the landlord. Should you purchase the property you will have to pay this contribution, usually quarterly during the year. This may differ from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay yearly, normally this is not a large figure, say around £25-£75 but you should to check as occasionally it can be prohibitively expensive.
How many years are left on the lease?
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