Recently asked questions relating to Hamworthy leasehold conveyancing
Helen (my wife) and I may need to let out our Hamworthy 1st floor flat temporarily due to a new job. We used a Hamworthy conveyancing practice in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Even though your last Hamworthy conveyancing solicitor is no longer available you can check your lease to see if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
There are only 62 years remaining on my lease in Hamworthy. I am keen to extend my lease but my freeholder is missing. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. On the whole an enquiry agent would be useful to try and locate and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court covering Hamworthy.
Estate agents have just been given the go-ahead to market my ground floor apartment in Hamworthy.Conveyancing has not commenced but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is clear 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 until 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. Having a clear account will assist your cause and will leave you no worse off financially.
I own a leasehold house in Hamworthy. Conveyancing and Britannia mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Hamworthy who acted for me is not around.Any advice?
The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Hamworthy conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any top tips for leasehold conveyancing in Hamworthy from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Hamworthy can be bypassed where you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers lawyers.
- Many freeholders or managing agents in Hamworthy charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Hamworthy.
Hamworthy Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
It is important to be aware whether a new roof is being put on or some other significant cost is anticipated to be shared between the leasehold owners and may well dramatically increase the the service costs or require a one off payment.
Are any of leasehold owners in dispute over their service charge payments?
What prohibitions are there in the Hamworthy Lease?