Frequently asked questions relating to Haddenham leasehold conveyancing
My wife and I may need to rent out our Haddenham ground floor flat temporarily due to taking a sabbatical. We used a Haddenham conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Even though your last Haddenham conveyancing lawyer is not around you can check your lease to see if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must obtain consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet without prior consent. Such consent should not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.
Planning to complete next month on a studio apartment in Haddenham. Conveyancing lawyers have said that they will have a report out to me tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Haddenham should include some of the following:
- You should be sent a copy of the lease
I have just started marketing my garden apartment in Haddenham.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge invoice – Do I pay up?
It best that you discharge the invoice 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 unless 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 own a leasehold house in Haddenham. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Haddenham who previously acted has now retired.Do I pay?
First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Haddenham conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am a negotiator for a reputable estate agency in Haddenham where we have experienced a number of flat sales jeopardised due to short leases. I have received inconsistent advice from local Haddenham conveyancing firms. Please can you clarify whether the vendor of a flat can commence the lease extension formalities for the buyer?
Provided that 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. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as 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.
Leasehold Conveyancing in Haddenham - Examples of Questions you should ask before Purchasing
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It is important to be aware if a new roof is being installed or some other major work is due in the foreseeable future to be shared by the leaseholders and will materially impact the level of the service charges or necessitate a one time payment.
What is the yearly maintenance fee and ground rent?
How long is the Lease?
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