Common questions relating to Driffield leasehold conveyancing
Jane (my partner) and I may need to sub-let our Driffield 1st floor flat temporarily due to a career opportunity. We used a Driffield conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Driffield do contain a provision to say that subletting is only allowed with permission. The landlord cannot 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.
Due to complete next month on a ground floor flat in Driffield. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Driffield should include some of the following:
- The physical extent of the premises. This will be the property itself but might include a roof space or basement if applicable.
I have just appointed agents to market my garden apartment in Driffield.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly maintenance charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should 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. Having a clear account will assist your cause and will leave you no worse off financially.
Back In 2003, I bought a leasehold flat in Driffield. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Driffield who previously acted has now retired.Do I pay?
The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Driffield conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
If all goes to plan we aim to complete the disposal of our £225000 maisonette in Driffield in just under a week. The landlords agents has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Driffield?
Driffield conveyancing on leasehold flats more often than not involves the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to assist. They are at liberty invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some cases it is above £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is technically not due. In reality you have no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Leasehold Conveyancing in Driffield - Examples of Questions you should consider before Purchasing
On the whole the outlay for major works are not included within maintenance charges, although there some managing agents in Driffield obliged leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major works.
How much is the ground rent and service charge?
Plenty Driffield leasehold properties will be liable to pay a service bill for the upkeep of the building set on behalf of the freeholder. Should you acquire the flat you will have to meet this charge, usually quarterly throughout the year. This can vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay annual, this is usually not a large sum, say around £50-£100 but you need to check as on occasion it can be many hundreds of pounds.