Common questions relating to Rochford leasehold conveyancing
I am on look out for some leasehold conveyancing in Rochford. Before diving in I require certainty as to the remaining lease term.
Assuming the lease is registered - and almost all are in Rochford - 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.
My wife and I may need to let out our Rochford ground floor flat temporarily due to a career opportunity. We instructed a Rochford conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?
Even though your last Rochford conveyancing lawyer is no longer around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you are obliged to seek consent via your landlord or some other party before subletting. The net result is that you cannot sublet without prior consent. Such consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.
Planning to exchange soon on a ground floor flat in Rochford. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Rochford should include some of the following:
- How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
- Whether the lease restricts you from letting out the flat, or having a home office for business
- An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
- Repair and maintenance of the flat
- I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
- The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
- What the implications are if you breach a clause of your lease?
Last month I purchased a leasehold property in Rochford. Am I liable to pay service charges for periods before my ownership?
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. However, 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 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 225000 apartment in Rochford next Tuesday . The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Rochford?
Rochford conveyancing on leasehold maisonettes more often than not involves the purchaser’s conveyancer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions the majority will be content to do so. They are at liberty charge a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, otherwise the charge is technically not due. In reality one has little choice but to pay whatever is demanded if you want to complete the sale of your home.
Leasehold Conveyancing in Rochford - Examples of Questions you should ask Prior to Purchasing
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What restrictions are there in the Rochford Lease?
The majority of Rochford leasehold properties will be liable to pay a service bill for the upkeep of the block set on behalf of the freeholder. If you purchase the apartment you will have to meet this charge, normally periodically accross the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge for you to pay annual, ordinarily this is not a significant sum, say around £50-£100 but you need to enquire as occasionally it could be many hundreds of pounds.