Recently asked questions relating to Exmouth leasehold conveyancing
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Exmouth. Conveyancing advisers have are soon to be instructed. Will they explain the issues?
Most houses in Exmouth are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Exmouth in which case you should be looking for a Exmouth conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.
Back In 2000, I bought a leasehold house in Exmouth. Conveyancing and Virgin Money mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Exmouth who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Exmouth conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to choosing a Exmouth conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Exmouth conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Exmouth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- If the firm is not ALEP accredited then why not?
All being well we will complete the sale of our £225000 garden flat in Exmouth next week. The managing agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Exmouth?
Exmouth conveyancing on leasehold apartments more often than not requires the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions the majority will be content to assist. They are entitled invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The administration charge required by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that one has little option but to pay whatever is demanded if you want to exchange contracts with the buyer.
What makes a Exmouth lease defective?
There is nothing unique about leasehold conveyancing in Exmouth. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain elements of the building
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
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. Yorkshire Building Society, Skipton Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.
Exmouth Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
How many of the leaseholders are in arrears for their maintenance charge payments?
It would be prudent to find out as much as possible concerning the company managing the block as they can either make living at the property much easier or uncomfortable. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day issues like the upkeep of the communal areas. Don't be afraid to ask other people what they think of them. Finally, be sure you know the dates that you are obliged pay the service charge to the appropriate party and specifically how they are spending that money.
For many Exmouth leaseholds the cost for major works are not included within service charges, although some managing agents in Exmouth obliged leasehold owners to contribute towards a reserve fund created for the specific intention of establishing a fund for larger repairs or maintenance.