Sample questions relating to St Austell leasehold conveyancing
I am intending to let out my leasehold apartment in St Austell. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Some leases for properties in St Austell do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
Looking forward to sign contracts shortly on a ground floor flat in St Austell. Conveyancing lawyers inform me that they are sending me a report on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in St Austell should include some of the following:
- Will you be prohibited or prevented from having pets in the property?
Estate agents have just been given the go-ahead to market my ground floor flat in St Austell.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – Do I pay up?
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 unless 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.
Last month I purchased a leasehold flat in St Austell. Do I have any liability for service charges relating to a period prior to completion of my purchase?
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. However, 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).
When it comes to leasehold conveyancing in St Austell what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in St Austell. Most leases are unique and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
You could 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. Lloyds TSB Bank, Norwich and Peterborough Building Society, and TSB 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 problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.
St Austell Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
What restrictions are contained in the St Austell Lease?
Please note if it is no more than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your lender that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension sooner rather than later and it is worth discovering how much this will be. For most St Austelllease extensions you will need to own the premises for 24 months before you are legally able to carry out a lease extension.
Be sure to investigate if there is anything that is prohibited in the lease. For instance it is very common in St Austell leases that pets are not allowed in certain buildings in St Austell. If you love the flatin St Austell yet your cat is not allowed to live with you then you have a very difficult compromise.