Sample questions relating to Tiptree leasehold conveyancing
My wife and I may need to rent out our Tiptree 1st floor flat temporarily due to taking a sabbatical. We instructed a Tiptree conveyancing firm in 2001 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Tiptree do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
I am hoping to exchange soon on a ground floor flat in Tiptree. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Tiptree should include some of the following:
- You should receive a copy of the lease
Estate agents have just been given the go-ahead to market my ground floor flat in Tiptree.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – what should I do?
The sensible thing to do is clear 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 until 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.
I am looking at a couple of apartments in Tiptree which have approximately 50 years left on the lease term. should I be concerned?
There are plenty of short leases in Tiptree. The lease is a right to use the property for a period of time. As a lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this area
Do you have any advice for leasehold conveyancing in Tiptree with the aim of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Tiptree can be avoided if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ representatives.
- The majority landlords or managing agents in Tiptree levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought 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 usual cause of frustration in leasehold conveyancing in Tiptree.
Tiptree Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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What is the maintenance charge and ground rent on the flat?
The majority of Tiptree leasehold properties will incur a service charge for maintenance of the block set on behalf of the freeholder. Should you purchase the apartment you will have to meet this amount, usually in instalments throughout the year. This could vary from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent to be met annual, normally this is not a large amount, say about £25-£75 but you should to check as on occasion it can be prohibitively expensive.
Does the lease include onerous restrictions?
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