Sacriston leasehold conveyancing: Q and A’s
My fiance and I may need to rent out our Sacriston 1st floor flat for a while due to taking a sabbatical. We instructed a Sacriston conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in Sacriston do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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 own a leasehold flat in Sacriston. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Sacriston who acted for me is not around.Any advice?
First contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Sacriston conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to finding a Sacriston conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Sacriston conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Sacriston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- If they are not ALEP accredited then what is the reason?
Can you provide any top tips for leasehold conveyancing in Sacriston from the point of view of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Sacriston can be reduced where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers conveyancers.
- The majority landlords or Management Companies in Sacriston charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Sacriston.
What are the common deficiencies that you encounter in leases for Sacriston properties?
Leasehold conveyancing in Sacriston is not unique. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. 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.
- Service charge per centages that don't add up correctly leaving a shortfall
You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Skipton Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.
Sacriston Leasehold Conveyancing - A selection of Questions you should consider Prior to buying
If a Sacriston lease has less than 80 years it will affect the marketability of the apartment. It is worth checking with your mortgage company that they are content with the length of the lease. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you will be required to have owned the residence for 24 months before you are legally able to exercise a lease extension.
Who takes responsibility for maintaining and repairing the block?
Is the freehold owned jointly by the tenants?