Questions and Answers: Frampton on Severn leasehold conveyancing
Frank (my husband) and I may need to sub-let our Frampton on Severn ground floor flat temporarily due to a career opportunity. We used a Frampton on Severn conveyancing practice in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your last Frampton on Severn conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you must seek permission from your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent must not not be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Planning to exchange soon on a garden flat in Frampton on Severn. Conveyancing solicitors assured me that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Frampton on Severn should include some of the following:
- The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
Last month I purchased a leasehold flat in Frampton on Severn. 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 owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).
Can you offer any advice when it comes to finding a Frampton on Severn conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Frampton on Severn conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Frampton on Severn conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How familiar is the practice with lease extension legislation?
Can you provide any top tips for leasehold conveyancing in Frampton on Severn with the purpose of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Frampton on Severn can be avoided where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
- If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Frampton on Severn leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you fail to have the consents in place you should not contact the landlord without checking with your conveyancer before hand.
Frampton on Severn Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying
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Many Frampton on Severn leasehold flats will have a service bill for the upkeep of the block levied on behalf of the freeholder. Should you buy the apartment you will have to pay this liability, usually periodically throughout the year. This could vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a rentcharge to be met yearly, normally this is not a large figure, say about £50-£100 but you should to check as occasionally it can be many hundreds of pounds.
The best form of lease structure is where the freehold interest is owned by the leaseholders. In this scenario the tenants benefit from being in charge if their destiny and notwithstanding that a managing agent is often employed where it is bigger than a house conversion, the managing agent retained by the leaseholders.
You should want to find out as much as you can regarding the managing agents as they will either make living at the property much simpler or much more difficult. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to practical matters such as the tidiness of the common parts. Don't be shy to ask prospective neighbours whether they are happy with their management. Finally, be sure you discover the dates that you are obliged pay the service charge to the managing agents and precisely what it includes.
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