Top Five Questions relating to Gloucester leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Gloucester. Before I get started I require certainty as to the remaining lease term.
Assuming the lease is recorded at the land registry - and most are in Gloucester - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I would like to sublet my leasehold flat in Gloucester. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Your lease dictates the relationship between the landlord and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Gloucester do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
Back In 2002, I bought a leasehold flat in Gloucester. Conveyancing and Barclays 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 1995. The conveyancing practitioner in Gloucester who acted for me is not around.Any advice?
First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a Gloucester conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What advice can you give us when it comes to appointing a Gloucester conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Gloucester conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Gloucester conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- Can they put you in touch with client in Gloucester who can give a testimonial?
Can you provide any top tips for leasehold conveyancing in Gloucester from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Gloucester can be avoided if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
- In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Gloucester leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Where you fail to have the approvals to hand you should not contact the landlord without contacting your conveyancer first.
Gloucester Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
-
The answer will be important as a) areas could result in problems for the block as the common areas may begin to deteriorate where services are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to have all the details
Can you tell me if there are any major works in the near future that will likely add a premium to the service costs?
What is the name of the managing agents?
Other Topics