Fixed-fee leasehold conveyancing in Ottery St Mary:

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Leasehold conveyancing in Ottery St Mary is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Ottery St Mary and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Frequently asked questions relating to Ottery St Mary leasehold conveyancing

I am intending to let out my leasehold apartment in Ottery St Mary. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A small minority of properties in Ottery St Mary do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I have just started marketing my garden flat in Ottery St Mary.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge demand – what should I do?

It best that you 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 managing agents 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.

I today plan to offer on a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Ottery St Mary. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

Most houses in Ottery St Mary are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Ottery St Mary so you should seriously consider shopping around for a Ottery St Mary conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will report to you on the legal implications.

I own a leasehold flat in Ottery St Mary. Conveyancing and The Royal Bank of Scotland mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Ottery St Mary who previously acted has now retired.Any advice?

First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Ottery St Mary conveyancing lawyer to do this as it can be done on-line for a few pound. 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.

Can you provide any advice for leasehold conveyancing in Ottery St Mary with the aim of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Ottery St Mary can be bypassed if you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Ottery St Mary leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord consenting to such works. Where you fail to have the consents in place you should not contact the landlord without checking with your conveyancer first.
  • Some Ottery St Mary leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Arranging a re-issued share certificate can be a lengthy formality and slows down many a Ottery St Mary conveyancing transaction. Where a new share is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Leasehold Conveyancing in Ottery St Mary - A selection of Questions you should ask Prior to Purchasing

      What restrictions are there in the Ottery St Mary Lease? You will want to discover as much as possible regarding the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to every day matters like the cleanliness of the communal areas. Enquire of other tenants what they think of them. Finally, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically what it includes. Plenty Ottery St Mary leasehold flats will be liable to pay a service charge for maintenance of the block levied by the landlord. If you purchase the apartment you will have to meet this amount, usually periodically accross the year. This could be anything from several hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a rentcharge to be met yearly, this is usually not a exorbitant sum, say around £25-£75 but you need to enquire as sometimes it can be surprisingly expensive.

    Other Topics

    Lease Extensions in Ottery St Mary