Top Five Questions relating to Shenfield leasehold conveyancing
I want to sublet my leasehold flat in Shenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A lease governs the relationship between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Shenfield do not prevent 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 supplying a duplicate of the sublease.
Due to complete next month on a leasehold property in Shenfield. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Shenfield should include some of the following:
- You should be sent a copy of the lease
Back In 2001, I bought a leasehold flat in Shenfield. Conveyancing and HSBC Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Shenfield who acted for me is not around.Any advice?
The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Shenfield conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold flat in Shenfield. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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).
Do you have any top tips for leasehold conveyancing in Shenfield from the perspective of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Shenfield can be bypassed where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ lawyers.
- Many freeholders or Management Companies in Shenfield levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Shenfield.
Shenfield Conveyancing for Leasehold Flats - Examples of Queries before buying
You should be aware if it is no more than eighty years it will have adverse implications on the salability of the flat. Check with your lender that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. For most Shenfieldlease extensions you will need to own the residence for a couple of years in order to be eligible to extend the lease.
Are there any major works in the near future that will increase the maintenance costs?
It would be a good idea to enquire if there are any onerous prohibitions in the lease. By way of example some leases prohibit pets being allowed in in a block in Shenfield. If you like the propertyin Shenfield however your dog can’t make the move with you then you will be faced difficult compromise.