Common questions relating to Topsham leasehold conveyancing
I want to rent out my leasehold apartment in Topsham. 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 Topsham conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to seek permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
I have recently realised that I have 68 years remaining on my flat in Topsham. I am keen to extend my lease but my freeholder is missing. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to find the landlord. For most situations an enquiry agent would be helpful to try and locate and prepare a report which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Topsham.
I am hoping to complete next month on a garden flat in Topsham. Conveyancing solicitors have said that they are sending me a report tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Topsham should include some of the following:
- The physical extent of the premises. This will be the flat itself but could also incorporate a roof space or basement if applicable.
What advice can you give us when it comes to finding a Topsham conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Topsham conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Topsham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- Can they put you in touch with client in Topsham who can give a testimonial?
When it comes to leasehold conveyancing in Topsham what are the most common lease problems?
Leasehold conveyancing in Topsham is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the building
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Mortgage Works, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.
Topsham Leasehold Conveyancing - A selection of Queries Prior to Purchasing
The best form of lease structure is a share of the freehold. In this arrangement the lessees enjoy being in charge if their destiny and although a managing agent is frequently retained where the building is bigger than a house conversion, the managing agent is directed by the tenants.
The answer will be helpful as a) areas could cause problems in the building as the communal areas may start to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have full disclosure
Make sure you investigate if there is anything that is prohibited in the lease. For instance some leases prohibit pets being allowed in in a block in Topsham. If you love the flatin Topsham but your cat can’t move with you then you will be presented with a difficult compromise.