Frequently asked questions relating to Murton leasehold conveyancing
Jane (my partner) and I may need to let out our Murton garden flat for a while due to a new job. We instructed a Murton conveyancing practice in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
Your lease dictates the relationship between the landlord and you the flat owner; specifically, it will say if subletting is banned, 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 Murton do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
I’m about to sell my 2 bed flat in Murton.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge demand – what should I do?
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 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. This will smooth the conveyancing process.
Back In 2003, I bought a leasehold flat in Murton. Conveyancing and Bank of Scotland mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Murton who acted for me is not around.Do I pay?
First make enquiries of HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Murton conveyancing lawyer to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to finding a Murton conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Murton conveyancing practice) it is essential 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 Murton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:
- How experienced is the practice with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Murton from the perspective of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Murton can be avoided if you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers solicitors.
- Some Murton leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
Murton Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
Make sure you discover if there are any onerous prohibitions in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Murton. If you like the propertyin Murton yet your cat is not allowed to make the move with you then you will be faced difficult determination.
It is important to be aware if window replacement or some other major work is anticipated that will be shared between the tenants and will dramatically impact the level of the maintenance costs or require a specific payment.
Who manages the block?