Houghton Regis leasehold conveyancing: Q and A’s
I want to rent out my leasehold apartment in Houghton Regis. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
A small minority of properties in Houghton Regis do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I have just appointed agents to market my basement apartment in Houghton Regis.Conveyancing is yet to be initiated but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?
It best that you 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.
Back In 2007, I bought a leasehold house in Houghton Regis. Conveyancing and Bank of Scotland mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Houghton Regis who acted for me is not around.Any advice?
First contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Houghton Regis conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Do you have any advice for leasehold conveyancing in Houghton Regis from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Houghton Regis can be bypassed where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
- The majority landlords or managing agents in Houghton Regis levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Houghton Regis.
In relation to leasehold conveyancing in Houghton Regis what are the most common lease problems?
Leasehold conveyancing in Houghton Regis is not unique. Most leases are individual and drafting errors can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Barnsley Building Society, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Houghton Regis Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing
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For most Houghton Regis leaseholds the outlay for major works tend not to be built into the maintenance charges, although some managing agents in Houghton Regis obliged leasehold owners to pay into a sinking fund and this is used to offset against larger works.
If a Houghton Regis lease has no more than 80 years it will have adverse implications on the salability of the apartment. Check with your lender that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease sooner rather than later and it is worth finding out what this will be. Remember, in most cases you will be be obliged to have been the owner of the property for 24 months before you are entitled to exercise a lease extension.
The prefered form of lease structure is a share of the freehold. In this arrangement the tenants benefit from control and even though a managing agent is often employed where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.
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