Recently asked questions relating to South Woodham Ferrers leasehold conveyancing
I wish to let out my leasehold flat in South Woodham Ferrers. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A lease dictates relations between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in South Woodham Ferrers do not prevent subletting altogether – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I've found a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in South Woodham Ferrers. Conveyancing advisers have are about to be instructed. Will they explain the issues?
The majority of houses in South Woodham Ferrers are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in South Woodham Ferrers in which case you should be shopping around for a South Woodham Ferrers conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your solicitor should appraise you on the various issues.
I own a leasehold house in South Woodham Ferrers. Conveyancing and TSB mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in South Woodham Ferrers who acted for me is not around.Do I pay?
First contact the Land Registry to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a South Woodham Ferrers conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold house in South Woodham Ferrers. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
I am employed by a reputable estate agency in South Woodham Ferrers where we see a number of leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local South Woodham Ferrers conveyancing firms. Please can you clarify whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
South Woodham Ferrers Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying
The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and notwithstanding that a managing agent is often employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.
Generally speaking the outlay for major works tend not to be included within service charges, although a few managing agents in South Woodham Ferrers require leasehold owners to contribute towards a reserve fund and this is used to offset against larger works.
You will want to find out as much as you can about the company managing the building as they can either make life much easier or problematic. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to every day matters like the cleanliness of the communal areas. You should not be shy to ask other people what they think of them. In conclusion, be sure you know the dates that you are obliged pay the maintenance charge to the appropriate party and specifically what it includes.