Top Five Questions relating to Stratford Upon Avon leasehold conveyancing
I am on look out for some leasehold conveyancing in Stratford Upon Avon. Before I get started I require certainty as to the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Stratford Upon Avon - then the leasehold title will always include the short particulars 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 am intending to let out my leasehold apartment in Stratford Upon Avon. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
Even though your last Stratford Upon Avon conveyancing lawyer is no longer around you can review 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. Quite often there is a prerequisite that you must obtain consent via your landlord or some other party prior to subletting. This means that you cannot sublet without prior permission. Such consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
Expecting to exchange soon on a leasehold property in Stratford Upon Avon. Conveyancing lawyers inform me that they report fully within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Stratford Upon Avon should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
Last month I purchased a leasehold property in Stratford Upon Avon. Do I have any liability for service charges for periods before completion of my purchase?
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. However, 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £375000 apartment in Stratford Upon Avon next week. The landlords agents has quoted £360 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Stratford Upon Avon?
Stratford Upon Avon conveyancing on leasehold flats normally necessitates the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be content to do so. They are entitled levy a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge required by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is demanded should you wish to complete the sale of your home.
Stratford Upon Avon Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing
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On the whole the cost for major works are not incorporated into the maintenance charges, albeit that some managing agents in Stratford Upon Avon require leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for larger works.
What is the maintenance charge and ground rent on the flat?
You will want to discover as much as you can regarding the company managing the building as they will either make life much easier or uncomfortable. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily matters such as the cleanliness of the communal areas. Enquire of other tenants if they are happy with their service. In conclusion, be sure you know the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending that money.
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