Common questions relating to Frampton Cotterell leasehold conveyancing
Helen (my wife) and I may need to let out our Frampton Cotterell garden flat temporarily due to a new job. We instructed a Frampton Cotterell conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in Frampton Cotterell do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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 consent.
Looking forward to complete next month on a ground floor flat in Frampton Cotterell. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Frampton Cotterell should include some of the following:
- You should receive a copy of the lease
Last month I purchased a leasehold flat in Frampton Cotterell. Am I liable to pay service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I am employed by a busy estate agent office in Frampton Cotterell where we have witnessed a number of leasehold sales derailed due to short leases. I have been given inconsistent advice from local Frampton Cotterell conveyancing firms. Could you shed some light as to whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Can you provide any advice for leasehold conveyancing in Frampton Cotterell with the intention of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Frampton Cotterell can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers representatives.
- If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Frampton Cotterell state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. If you dont have the paperwork in place you should not contact the landlord without contacting your lawyer in advance.
Frampton Cotterell Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
Best to be warned whether window replacement or some other major work is due shortly that will be shared amongst the tenants and could well materially impact the level of the service fees or necessitate a one time payment.
The answer will be helpful as a) areas can result in problems for the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to know about it
Be sure to investigate if the the lease contains any onerous restrictions in the lease. For instance it is very common in Frampton Cotterell leases that pets are not permitted in in a block in Frampton Cotterell. If you like the propertyin Frampton Cotterell but your cat is not allowed to move with you then you will be presented with a hard choice.