Examples of recent questions relating to leasehold conveyancing in Great Linford
I am in need of some leasehold conveyancing in Great Linford. Before I get started I would like to find out the unexpired term of the lease.
If the lease is registered - and almost all are in Great Linford - 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.
Harry (my fiance) and I may need to let out our Great Linford garden flat temporarily due to a new job. We used a Great Linford conveyancing practice in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Great Linford conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.
I've recently bought a leasehold house in Great Linford. Do I have any liability for service charges relating to a period prior to my ownership?
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. 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 agency in Great Linford where we have witnessed a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Great Linford conveyancing solicitors. Could you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
Alternatively, it may be possible 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 purchaser.
Can you provide any advice for leasehold conveyancing in Great Linford with the intention of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Great Linford can be bypassed if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
- Many freeholders or managing agents in Great Linford charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Great Linford.
Great Linford Leasehold Conveyancing - A selection of Queries before Purchasing
-
You should be aware if it is less than eighty years it will affect the marketability of the flat. It is worth checking with your lender that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth discovering what this would cost. For most Great Linfordlease extensions you would be required to have owned the residence for a couple of years before you are eligible to carry out a lease extension.
Its a good idea to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the upkeep of the communal areas. Enquire of other people what they think of their management. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.
The answer will be helpful as a) areas may result in problems for the building as the common areas may start to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will wish to have all the details
Other Topics