Frequently asked questions relating to Holsworthy leasehold conveyancing
Harry (my fiance) and I may need to let out our Holsworthy basement flat temporarily due to a new job. We used a Holsworthy conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous Holsworthy conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you must obtain permission via your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
I today plan to offer on a house that seems to be perfect, at a great figure which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Holsworthy. Conveyancing solicitors have are about to be instructed. Will they explain the issues?
The majority of houses in Holsworthy are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Holsworthy so you should seriously consider shopping around for a Holsworthy conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.
Back In 2006, I bought a leasehold flat in Holsworthy. Conveyancing and Nationwide Building Society 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 1997. The conveyancing practitioner in Holsworthy who acted for me is not around.Do I pay?
The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Holsworthy conveyancing lawyer 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 rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing a Holsworthy conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Holsworthy conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Holsworthy conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- How familiar is the firm with lease extension legislation?
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £500000 garden flat in Holsworthy next week. The management company has quoted £360 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Holsworthy?
Holsworthy conveyancing on leasehold apartments more often than not necessitates the buyer’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be willing to assist. They may invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is not strictly payable. Reality however dictates that one has little option but to pay whatever is demanded should you wish to sell the property.
Holsworthy Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
This question is important as a) areas could cause problems for the block as the common areas may begin to deteriorate if repairs remain unpaid b) if the leaseholders have an issue with the managing agents you will need to know about it
Does the lease include onerous restrictions?
How many years remain on the lease?