Questions and Answers: Shaftesbury leasehold conveyancing
I am on look out for some leasehold conveyancing in Shaftesbury. Before diving in I would like to find out the number of years remaining on the lease.
Assuming the lease is registered - and 99.9% are in Shaftesbury - then the leasehold title will always include the basic details 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.
Harry (my fiance) and I may need to let out our Shaftesbury 1st floor flat temporarily due to taking a sabbatical. We used a Shaftesbury conveyancing firm in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
Notwithstanding that your last Shaftesbury conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you must obtain permission via your landlord or some other party in advance of subletting. This means that you cannot sublet without first obtaining permission. The consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord for their consent.
Looking forward to exchange soon on a leasehold property in Shaftesbury. Conveyancing lawyers inform me 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 Shaftesbury should include some of the following:
- The unexpired lease term 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
Estate agents have just been given the go-ahead to market my garden flat in Shaftesbury.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should 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.
Can you provide any advice for leasehold conveyancing in Shaftesbury from the perspective of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Shaftesbury can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Shaftesbury leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such works. If you dont have the paperwork to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
Leasehold Conveyancing in Shaftesbury - Sample of Queries before buying
How is the lease structured?
Does the lease have onerous restrictions?
This question is useful as a) areas could result in problems for the block as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have an issue with the running of the building you will want to have full disclosure