Sample questions relating to Newhaven leasehold conveyancing
I would like to sublet my leasehold flat in Newhaven. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
Notwithstanding that your last Newhaven conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or some other party before subletting. This means that you cannot sublet in the absence of prior permission. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.
I own a leasehold house in Newhaven. Conveyancing and Birmingham Midshires mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Newhaven who acted for me is not around.Do I pay?
First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Newhaven conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold property in Newhaven. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation 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. 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).
Can you offer any advice when it comes to choosing a Newhaven conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Newhaven conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Newhaven conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- If the firm is not ALEP accredited then why not?
When it comes to leasehold conveyancing in Newhaven what are the most frequent lease defects?
Leasehold conveyancing in Newhaven is not unique. Most leases are individual and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Mortgage Works, and Clydesdale 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 buyer to pull out.
Newhaven Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
How is the lease structured?
Its a good idea to find out as much as possible about the managing agents as they can either make your living at the property much simpler or problematic. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the communal areas. Don't be shy to ask other tenants whether they are happy with their service. Finally, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending that money.
If a Newhaven lease has less than eighty years it will impact the value of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. A short lease means that you will most likely have to extend the lease at some point and it is worth discovering what this would cost. For most Newhavenlease extensions you will need to own the property for a couple of years in order to be eligible to exercise a lease extension.