Sample questions relating to Parkstone leasehold conveyancing
I would like to sublet my leasehold apartment in Parkstone. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
The lease dictates the relationship between the freeholder and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Parkstone do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
I only have 62 years unexpired on my lease in Parkstone. I need to get lease extension but my landlord is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to track down the landlord. In some cases a specialist should be helpful to conduct investigations and to produce a report which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court overseeing Parkstone.
I have just appointed agents to market my garden flat in Parkstone.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is discharge 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 managing agents will not acknowledge the buyer until 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 2004, I bought a leasehold house in Parkstone. Conveyancing and The Mortgage Works mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Parkstone who previously acted has now retired.What should I do?
The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. There is no need to instruct a Parkstone conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you provide any top tips for leasehold conveyancing in Parkstone with the aim of expediting the sale process?
- Much of the delay in leasehold conveyancing in Parkstone can be bypassed if you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
- The majority freeholders or Management Companies in Parkstone levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Parkstone.
Leasehold Conveyancing in Parkstone - Examples of Queries Prior to buying
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Is anyone aware of any major works anticipated that will add a premium to the service costs?
Where a Parkstone lease has no more than eighty years it will impact the marketability of the apartment. Check with your bank that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and it is worth discovering what this will be. For most Parkstonelease extensions you will need to own the property for 24 months before you are eligible to extend the lease.
The answer will be important as a) areas could result in problems in the block as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have all the details
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