Top Five Questions relating to Mousehole leasehold conveyancing
I am on look out for some leasehold conveyancing in Mousehole. Before I get started I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Mousehole - then the leasehold title will always include the short particulars 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 wish to rent out my leasehold flat in Mousehole. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
Even though your previous Mousehole conveyancing solicitor is not around you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent via your landlord or some other party in advance of subletting. This means that you cannot sublet without prior consent. The consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.
Expecting to sign contracts shortly on a ground floor flat in Mousehole. Conveyancing lawyers inform me that they are sending me a report next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Mousehole should include some of the following:
- Do you need to have carpet in the flat or are you allowed wood flooring?
I’m about to sell my ground floor flat in Mousehole.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – Do I pay up?
The sensible thing to do is clear the service charge 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.
I've recently bought a leasehold property in Mousehole. Do I have any liability for service charges for periods before completion of my purchase?
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. 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 be sure 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).
Mousehole Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
It is important to be aware whether redecorating or some other major work is pending to be shared amongst the leasehold owners and may well dramatically impact the level of the maintenance charges or result in a one off invoice.
In the main the cost for major works tend not to be wrapped into the maintenance charges, albeit that there some managing agents in Mousehole require leaseholders to pay into a sinking fund and this is used to offset against larger repairs or maintenance.
Who are the managing agents?