Top Five Questions relating to Hove leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Hove. Before I set the wheels in motion I would like to find out the unexpired term of the lease.
Assuming the lease is registered - and most are in Hove - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
My wife and I may need to let out our Hove ground floor flat temporarily due to a new job. We instructed a Hove conveyancing firm in 2004 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?
Even though your previous Hove conveyancing solicitor is no longer available you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to seek permission from your landlord or other appropriate person before subletting. This means you not allowed to sublet without first obtaining consent. The consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord for their consent.
I've recently bought a leasehold property in Hove. Am I liable to pay 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. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).
Can you offer any advice when it comes to choosing a Hove conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for your lease extension (regardless if they are a Hove conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Hove conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- Can they put you in touch with client in Hove who can give a testimonial?
What makes a Hove lease unacceptable for security purposes?
Leasehold conveyancing in Hove is not unique. Most leases are unique and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain elements of the property
- 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 will encounter 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. Birmingham Midshires, Chelsea Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.
Hove Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
The prefered form of lease arrangement is where the freehold reversion is in the ownership of the leaseholders. In this situation the leaseholders enjoy being in charge if their destiny and even though a managing agent is usually employed where it is larger than a house conversion, the managing agent is directed by the tenants.
What is the annual maintenance fee and ground rent?
It is important to be aware if fixing the lift or some other major work is coming up that will be shared by the tenants and could well dramatically increase the the service charges or necessitate a one time invoice.