Common questions relating to Riddlesdown leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Riddlesdown. Before diving in I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and 99.9% are in Riddlesdown - 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.
I am intending to let out my leasehold apartment in Riddlesdown. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
The lease dictates relations between the landlord and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Riddlesdown do not contain subletting altogether – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I today plan to offer on a house that seems to be perfect, at a great price which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Riddlesdown. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Riddlesdown ?
Most houses in Riddlesdown are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Riddlesdown so you should seriously consider shopping around for a Riddlesdown conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will appraise you on the various issues.
My wife and I purchased a leasehold flat in Riddlesdown. Conveyancing and Bank of Scotland mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Riddlesdown who acted for me is not around.Do I pay?
First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Riddlesdown conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any top tips for leasehold conveyancing in Riddlesdown from the point of view of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Riddlesdown can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers lawyers.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Riddlesdown leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such works. Where you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor in the first instance.
We have reached the end of our tether in trying to purchase the freehold in Riddlesdown. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a Riddlesdown conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Riddlesdown property is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case related to 6 flats. The the number of years remaining on the existing lease(s) was 78.32 years.