Examples of recent questions relating to leasehold conveyancing in Eel Pie Island
I want to rent out my leasehold flat in Eel Pie Island. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Even though your last Eel Pie Island conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without prior consent. The consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.
My wife and I purchased a leasehold flat in Eel Pie Island. Conveyancing and Accord Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Eel Pie Island who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Eel Pie Island conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold property in Eel Pie Island. Am I liable to pay service charges for periods before completion of my purchase?
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. A critical element 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).
Do you have any top tips for leasehold conveyancing in Eel Pie Island with the purpose of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Eel Pie Island can be reduced where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Eel Pie Island state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. Where you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor in advance.
I have given up trying to purchase the freehold in Eel Pie Island. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a Eel Pie Island conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Eel Pie Island premises is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The the unexpired residue of the current lease was 60.45 years.
In relation to leasehold conveyancing in Eel Pie Island what are the most common lease problems?
Leasehold conveyancing in Eel Pie Island is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain elements of the property
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Bank of Scotland, and Godiva Mortgages Ltd 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 is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.