Common questions relating to Mablethorpe leasehold conveyancing
I wish to let out my leasehold flat in Mablethorpe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
The lease governs relations between the freeholder and you the flat owner; in particular, it will say if subletting is banned, 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. The majority of leases in Mablethorpe do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I today plan to offer on a house that appears to meet my requirements, at a great price which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Mablethorpe. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
Most houses in Mablethorpe are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Mablethorpe so you should seriously consider looking for a Mablethorpe conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.
I am attracted to a couple of apartments in Mablethorpe which have about fifty years left on the leases. Will this present a problem?
There are plenty of short leases in Mablethorpe. The lease is a right to use the premises for a period of time. As the lease gets shorter the saleability of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is often a good idea to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this field
Last month I purchased a leasehold property in Mablethorpe. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £225000 flat in Mablethorpe in 10 days. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Mablethorpe?
Mablethorpe conveyancing on leasehold maisonettes often necessitates the purchaser’s lawyer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be content to assist. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to complete the sale of your home.
Mablethorpe Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
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Many Mablethorpe leasehold properties will have a service charge for maintenance of the block invoiced on behalf of the management company. Where you buy the flat you will have to pay this liability, normally quarterly throughout the year. This can differ from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met annual, this is usually not a exorbitant sum, say around £25-£75 but you should to check as occasionally it can be surprisingly expensive.
For most Mablethorpe leaseholds the outlay for major works are not wrapped into the maintenance charges, albeit that there some managing agents in Mablethorpe ask leaseholders to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.
How many of the leaseholders are in arrears for their service charge payments?
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