Examples of recent questions relating to leasehold conveyancing in Usk
My fiance and I may need to sub-let our Usk 1st floor flat for a while due to taking a sabbatical. We used a Usk conveyancing practice in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?
Your lease governs relations between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Usk do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
I am hoping to complete next month on a studio apartment in Usk. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Usk should include some of the following:
- Defining your rights in relation to common areas in the block.For instance, does the lease permit a right of way over an accessway or hallways?
Back In 2009, I bought a leasehold flat in Usk. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Usk who acted for me is not around.What should I do?
First contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Usk conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold flat in Usk. Do I have any liability for service charges for periods before my ownership?
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).
What advice can you give us when it comes to choosing a Usk conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Usk conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Usk conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How many lease extensions has the firm conducted in Usk in the last 12 months?
Usk Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
-
On the whole the outlay for major works are not wrapped into the maintenance charges, albeit that there some managing agents in Usk require leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for major repairs or maintenance.
You should want to discover as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to daily issues like the cleanliness of the communal areas. Enquire of prospective neighbours what they think of them. On a final note, find out the dates that the maintenance charges are due to the appropriate party and precisely what it includes.
You should be aware that where the lease has less than eighty years it will affect the salability of the flat. It is worth checking with your mortgage company that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension at some point and it is worth discovering how much this would cost. Remember, in most cases you will need to own the premises for two years before you are legally able to extend the lease.
Other Topics