Common questions relating to Thurrock leasehold conveyancing
I would like to rent out my leasehold apartment in Thurrock. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Notwithstanding that your last Thurrock conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.
I've recently bought a leasehold house in Thurrock. Do I have any liability for service charges relating to a period prior to my ownership?
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. A critical element 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).
Do you have any top tips for leasehold conveyancing in Thurrock with the intention of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Thurrock can be bypassed if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
- Many landlords or managing agents in Thurrock levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Thurrock.
We expect to complete the sale of our £425000 flat in Thurrock in just under a week. The management company has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Thurrock?
Thurrock conveyancing on leasehold maisonettes usually necessitates fees being invoiced by managing agents :
- Completing pre-contract enquiries
- Where consent is required before sale in Thurrock
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
In relation to leasehold conveyancing in Thurrock what are the most common lease problems?
There is nothing unique about leasehold conveyancing in Thurrock. All leases are unique and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Skipton Building Society, and Nottingham Building Society all have very detailed 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, forcing the buyer to pull out.
Thurrock Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
Does the lease contain onerous restrictions?
Its a good idea to discover as much as possible about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the tidiness of the communal areas. You should not be shy to ask other people if they are happy with their management. On a final note, find out the dates that the service charges are due to the relevant party and precisely what you get for your money.
The answer will be helpful as a) areas can result in problems in the block as the communal areas may begin to deteriorate if services are not paid for b) if the leaseholders have a dispute with the running of the building you will want to know about it