Common questions relating to Silverton leasehold conveyancing
I am in need of some leasehold conveyancing in Silverton. Before I get started I want to be sure as to the remaining lease term.
Assuming the lease is registered - and 99.9% are in Silverton - 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.
I want to sublet my leasehold apartment in Silverton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Notwithstanding that your last Silverton conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must seek consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.
I am hoping to put an offer on a small detached house that appears to be perfect, at a great price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Silverton. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Silverton ?
Most houses in Silverton are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Silverton in which case you should be shopping around for a Silverton conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.
I own a leasehold flat in Silverton. Conveyancing and Clydesdale mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Silverton who acted for me is not around.Any advice?
First contact HMLR to make sure that this person is indeed the new freeholder. It is not necessary to instruct a Silverton conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What advice can you give us when it comes to choosing a Silverton conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Silverton conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Silverton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:
- Can they put you in touch with client in Silverton who can give a testimonial?
Silverton Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
It would be sensible to find out if there is anything that is prohibited in the lease. By way of example it is fairly common in Silverton leases that pets are not allowed in certain buildings in Silverton. If you like the apartmentin Silverton but your cat can’t make the move with you then you will be faced difficult choice.
Best to be warned whether fixing the lift or some other major work is due shortly to be shared by the tenants and may well materially increase the the service costs or require a specific invoice.
Most Silverton leasehold flats will be liable to pay a service bill for maintenance of the block levied by the freeholder. If you buy the apartment you will have to pay this amount, normally periodically during the year. This can differ from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all likelihood there will be a ground rent to be met yearly, ordinarily this is not a large amount, say about £25-£75 but you need to check it because on occasion it could be many hundreds of pounds.