Fixed-fee leasehold conveyancing in Hamworthy:

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Examples of recent questions relating to leasehold conveyancing in Hamworthy

I want to let out my leasehold flat in Hamworthy. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Hamworthy conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

My wife and I purchased a leasehold flat in Hamworthy. Conveyancing and HSBC Bank mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Hamworthy who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Hamworthy conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am tempted by the attractive purchase price for a couple of apartments in Hamworthy both have about forty five years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease shortens the saleability of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena

I've recently bought a leasehold house in Hamworthy. Do I have any liability for 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. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

Do you have any advice for leasehold conveyancing in Hamworthy from the point of view of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Hamworthy can be bypassed if you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Hamworthy state that internal structural alterations or laying down wooden flooring require a licence from the Landlord consenting to such works. Should you dont have the paperwork to hand do not communicate with the landlord without contacting your conveyancer first.
  • A minority of Hamworthy leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Organising a re-issued share certificate can be a lengthy process and slows down many a Hamworthy conveyancing transaction. If a reissued share is required, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to double-check via your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Hamworthy - A selection of Questions you should ask Prior to Purchasing

      Best to be warned if window replacement or some other significant cost is due in the near future that will be shared amongst the leasehold owners and will materially impact the level of the maintenance charges or necessitate a specific payment. In the main the outlay for major works tend not to be built into the maintenance charges, albeit that some managing agents in Hamworthy require leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for major repairs or maintenance. Its a good idea to discover as much as you can about the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the communal areas. Don't be shy to ask other people whether they are happy with them. On a final note, be sure you discover the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes.

    Other Topics

    Lease Extensions in Hamworthy