Examples of recent questions relating to leasehold conveyancing in Tavistock
My husband and I may need to let out our Tavistock garden flat temporarily due to a career opportunity. We used a Tavistock conveyancing practice in 2003 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your last Tavistock conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.
I am hoping to exchange soon on a basement flat in Tavistock. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Tavistock should include some of the following:
- You should receive a copy of the lease
I've recently bought a leasehold property in Tavistock. Do I have any liability for service charges relating to a period prior to 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. 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).
I am a negotiator for a long established estate agent office in Tavistock where we see a number of flat sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Tavistock conveyancing firms. Could you confirm whether the owner of a flat can initiate the lease extension formalities 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 to extend their lease. 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 disposal of the property.
An alternative approach is 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 purchaser.
Do you have any advice for leasehold conveyancing in Tavistock from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Tavistock can be bypassed where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers representatives.
- Many landlords or Management Companies in Tavistock levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Tavistock.
Leasehold Conveyancing in Tavistock - Sample of Queries before buying
It is important to be aware if a new roof is being installed or some other major work is due shortly to be shared by the leasehold owners and will materially impact the level of the service charges or necessitate a one time invoice.
How many of the leaseholders are in arrears for their service charge payments?
The answer will be important as a) areas can cause problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have an issue with the running of the building you will need to have all the details