Common questions relating to Formby leasehold conveyancing
My husband and I may need to sub-let our Formby 1st floor flat for a while due to a career opportunity. We instructed a Formby conveyancing practice in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Some leases for properties in Formby do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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.
Looking forward to sign contracts shortly on a garden flat in Formby. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Formby should include some of the following:
- The physical extent of the demise. This will be the flat itself but may include a loft or basement if appropriate.
I have just started marketing my garden apartment in Formby.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – Do I pay up?
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 until 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.
I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Formby. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Formby ?
The majority of houses in Formby are freehold rather than 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 purchasing in Formby in which case you should be looking for a Formby conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer should report to you on the legal implications.
My wife and I purchased a leasehold house in Formby. Conveyancing and Halifax mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Formby who previously acted has now retired.Do I pay?
The first thing you should do is contact the Land Registry to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Formby conveyancing solicitor 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 legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Formby Leasehold Conveyancing - Examples of Queries Prior to Purchasing
What restrictions exist in the Formby Lease?
Is the freehold owned collectively by the tenants?
Make sure you investigate if there are any onerous restrictions in the lease. For example it is reasonably common in Formby leases that pets are not allowed in certain buildings in Formby. If you like the apartmentin Formby yet your dog is not allowed to make the move with you then you will be faced hard choice.