Frequently asked questions relating to Shillington leasehold conveyancing
My husband and I may need to rent out our Shillington garden flat temporarily due to taking a sabbatical. We used a Shillington conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?
The lease dictates relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Shillington do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Looking forward to sign contracts shortly on a basement flat in Shillington. Conveyancing lawyers have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Shillington should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
I’m about to sell my ground floor apartment in Shillington.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay the service charge 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. Having a clear account will assist your cause and will leave you no worse off financially.
What advice can you give us when it comes to finding a Shillington conveyancing practice to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Shillington conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Shillington conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:
- How familiar is the practice with lease extension legislation?
Do you have any advice for leasehold conveyancing in Shillington with the intention of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Shillington can be reduced where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers representatives.
- Many landlords or managing agents in Shillington charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Shillington.
Shillington Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
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Who are the managing agents?
Does this lease have more than 90 years left?
Does the lease have onerous restrictions?
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