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Examples of recent questions relating to leasehold conveyancing in Shotton

Jane (my partner) and I may need to sub-let our Shotton basement flat for a while due to a career opportunity. We instructed a Shotton conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease dictates the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Shotton do not contain strict prohibition on subletting – such a clause would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Planning to complete next month on a studio apartment in Shotton. Conveyancing lawyers have said 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 Shotton should include some of the following:

  • The total extent of the premises. This will be the flat itself but could also incorporate a loft or cellar if applicable.
  • Will you be prohibited or prevented from having pets in the property?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Shotton please enquire of your conveyancer in ahead of your conveyancing in Shotton

    • My wife and I purchased a leasehold flat in Shotton. Conveyancing and Coventry Building Society mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Shotton who acted for me is not around.What should I do?

    The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Shotton conveyancing firm to do this as it can be done on-line for less than a fiver. 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 provide any advice for leasehold conveyancing in Shotton with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Shotton can be reduced if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Shotton state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. If you dont have the paperwork in place do not contact the landlord without checking with your solicitor first.
  • A minority of Shotton leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than ongoing.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Organising a new share certificate can be a time consuming process and delays many a Shotton home move. Where a reissued share certificate is necessary, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

    • What are the common problems that you witness in leases for Shotton properties?

    Leasehold conveyancing in Shotton is not unique. All leases are individual and drafting errors can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter 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. HSBC Bank, Barnsley Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in Shotton - Examples of Questions you should consider Prior to buying

      It would be wise to investigate if the the lease includes any adverse restrictions in the lease. For example it is very common in Shotton leases that pets are not permitted in in a block in Shotton. If you like the flatin Shotton however your cat can’t live with you then you have a very hard determination. For most Shotton leaseholds the outlay for major works are not included within maintenance charges, albeit that a few managing agents in Shotton ask leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. Best to be warned if redecorating or some other significant cost is pending that will be shared between the leasehold owners and will materially impact the level of the service costs or require a one off payment.

    Other Topics

    Lease Extensions in Shotton