Common questions relating to Kingsdown leasehold conveyancing
My wife and I may need to sub-let our Kingsdown garden flat temporarily due to a career opportunity. We used a Kingsdown conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
Some leases for properties in Kingsdown do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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.
Planning to sign contracts shortly on a garden flat in Kingsdown. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Kingsdown should include some of the following:
- The total extent of the property. This will be the property itself but might incorporate a roof space or basement if applicable.
My wife and I purchased a leasehold house in Kingsdown. Conveyancing and National Westminster Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Kingsdown who previously acted has long since retired.Any advice?
First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Kingsdown conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any advice for leasehold conveyancing in Kingsdown from the point of view of expediting the sale process?
- Much of the delay in leasehold conveyancing in Kingsdown can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
- The majority freeholders or Management Companies in Kingsdown charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Kingsdown.
What makes a Kingsdown lease unmortgageable?
There is nothing unique about leasehold conveyancing in Kingsdown. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. 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 building
- Insurance obligations
- 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 could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Leeds Building Society, and Britannia all have express requirements 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 provide security, obliging the purchaser to withdraw.
Leasehold Conveyancing in Kingsdown - A selection of Queries Prior to buying
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Best to be warned whether fixing the lift or some other major work is pending to be shared by the leaseholders and could well materially increase the the service costs or require a specific invoice.
How much is the ground rent and service charge?
Most Kingsdown leasehold apartments will incur a service bill for maintenance of the building levied on behalf of the management company. Should you acquire the property you will have to pay this amount, usually periodically during the year. This could be anything from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent for you to pay annual, this is usually not a significant figure, say approximately £25-£75 but you should to enquire it because on occasion it can be prohibitively expensive.
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