Common questions relating to Ivybridge leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Ivybridge. Before diving in I want to be sure as to the remaining lease term.
Assuming the lease is registered - and 99.9% are in Ivybridge - then the leasehold title will always include the short particulars 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.
I am intending to let out my leasehold flat in Ivybridge. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A small minority of properties in Ivybridge do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates 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.
Back In 2005, I bought a leasehold flat in Ivybridge. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Ivybridge who previously acted has now retired.Any advice?
The first thing you should do is contact HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Ivybridge conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to choosing a Ivybridge conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Ivybridge conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Ivybridge 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 many lease extensions have they carried out in Ivybridge in the last 12 months?
Do you have any advice for leasehold conveyancing in Ivybridge with the intention of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Ivybridge can be reduced if you appoint lawyers the minute you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
- The majority freeholders or managing agents in Ivybridge charge for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack 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 Ivybridge.
Leasehold Conveyancing in Ivybridge - Sample of Questions you should ask Prior to Purchasing
Who is in charge of the building?
In the main the outlay for major works tend not to be included within service charges, although some managing agents in Ivybridge obliged leasehold owners to pay into a sinking fund created for the specific intention of building a fund for larger repairs or maintenance.
Are any of leasehold owners in dispute over their service charge liability?