Questions and Answers: Lampeter leasehold conveyancing
I am intending to sublet my leasehold apartment in Lampeter. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
A lease governs relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Lampeter do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I have just appointed agents to market my basement flat in Lampeter.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is pay 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 management companies will not acknowledge the buyer until 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. This will smooth the conveyancing process.
Back In 2005, I bought a leasehold flat in Lampeter. Conveyancing and Halifax mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Lampeter who acted for me is not around.Any advice?
The first thing you should do is contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Lampeter conveyancing firm to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to appointing a Lampeter conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Lampeter conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Lampeter conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If they are not ALEP accredited then why not?
We expect to complete the sale of our £350000 apartment in Lampeter in just under a week. The management company has quoted £312 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Lampeter?
Lampeter conveyancing on leasehold apartments typically results in fees being levied by freeholders :
- Addressing pre-exchange enquiries
- Where consent is required before sale in Lampeter
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Lampeter Leasehold Conveyancing - Sample of Queries Prior to buying
How much is the annual maintenance fee and ground rent?
Best to be warned if window replacement or some other major work is coming up that will be shared by the tenants and will materially impact the level of the service charges or result in a one off invoice.
Be sure to investigate if there are any onerous restrictions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Lampeter. If you love the flatin Lampeter yet your cat can’t make the move with you then you will be presented with a difficult decision.