Examples of recent questions relating to leasehold conveyancing in Eccles
My fiance and I may need to rent out our Eccles 1st floor flat for a while due to a new job. We instructed a Eccles conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
A lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Eccles do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I have recently realised that I have 68 years unexpired on my lease in Eccles. I now wish to extend my lease but my landlord is missing. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you have used your best endeavours to locate the lessor. For most situations an enquiry agent would be helpful to conduct investigations and prepare a report which can 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 investigating the landlord’s disappearance and the application to the County Court covering Eccles.
I am hoping to exchange soon on a leasehold property in Eccles. Conveyancing lawyers assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Eccles should include some of the following:
- Are you allowed to have a pet in the flat?
My wife and I purchased a leasehold house in Eccles. Conveyancing and Chelsea Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Eccles who previously acted has long since retired.What should I do?
First contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Eccles conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are the frequently found problems that you come across in leases for Eccles properties?
Leasehold conveyancing in Eccles is not unique. All leases are unique and drafting errors can result in certain provisions are not included. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the property
- Insurance obligations
- 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 problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Skipton Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.
Eccles Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing
Make sure you find out if there are any onerous prohibitions in the lease. For instance some leases prohibit pets being allowed in certain buildings in Eccles. If you love the propertyin Eccles but your cat can’t make the move with you then you have a very hard determination.
Best to be warned if window replacement or some other major work is pending to be shared between the leasehold owners and will dramatically impact the level of the maintenance costs or require a specific payment.
Does the lease contain onerous restrictions?