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Sandy leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Sandy. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and most are in Sandy - 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.

I wish to rent out my leasehold apartment in Sandy. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A lease dictates relations between the freeholder and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Sandy do not contain subletting altogether – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Looking forward to complete next month on a garden flat in Sandy. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Sandy should include some of the following:

  • You should receive a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • Defining your legal entitlements in respect of common areas in the building.For example, does the lease include a right of way over an accessway or staircase?
  • You must be told what constitutes a Nuisance in the lease
  • 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 obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Sandy please enquire of your solicitor in ahead of your conveyancing in Sandy

    • I have just started marketing my basement apartment in Sandy.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge invoice – what should I do?

    The sensible thing to do is clear 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

    My wife and I purchased a leasehold flat in Sandy. Conveyancing and Coventry Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Sandy who previously acted has long since retired.Any advice?

    The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Sandy conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. 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.

    Sandy Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

      On the whole the cost for major works are not wrapped into the maintenance charges, albeit that a few managing agents in Sandy ask tenants to pay into a sinking fund created for the specific purpose of building a fund for major works. The best form of lease arrangement is if the freehold interest is in the ownership of the leaseholders. In this situation the tenants have being in charge if their destiny and notwithstanding that a managing agent is usually retained if it is larger than a house conversion, the managing agent is directed by the tenants. Please note that where the lease has less than eighty years it will impact the salability of the flat. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out how much this will be. For most Sandylease extensions you will be be obliged to have been the owner of the property for a couple of years before you are entitled to extend the lease.

    Other Topics

    Lease Extensions in Sandy