Questions and Answers: Victoria Dock leasehold conveyancing
I am in need of some leasehold conveyancing in Victoria Dock. Before I get started I want to be sure as to the remaining lease term.
If the lease is recorded at the land registry - and almost all are in Victoria Dock - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I would like to sublet my leasehold apartment in Victoria Dock. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Some leases for properties in Victoria Dock do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I am tempted by the attractive purchase price for a two apartments in Victoria Dock both have about 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?
A lease is a right to use the property for a prescribed time frame. As the lease shortens the saleability of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. This is why it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this field
Can you provide any advice for leasehold conveyancing in Victoria Dock from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Victoria Dock can be reduced if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers conveyancers.
- Many freeholders or managing agents in Victoria Dock levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Victoria Dock.
- A minority of Victoria Dock leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
- If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
- If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Obtaining a duplicate share certificate can be a lengthy formality and slows down many a Victoria Dock conveyancing transaction. If a new share is necessary, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
We expect to complete our sale of a £ 325000 garden flat in Victoria Dock next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Victoria Dock?
For the majority of leasehold sales in Victoria Dock conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Answering conveyancing due diligence enquiries
- Where consent is required before sale in Victoria Dock
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Victoria Dock - Examples of Queries Prior to Purchasing
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You will want to find out as much as possible concerning the managing agents as they will either make your life much simpler or a lot more difficult. As the owner of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to day to day issues like the tidiness of the common parts. You should not be shy to ask other people what they think of their service. On a final note, be sure you discover the dates that the maintenance charges are due to the managing agents and precisely how they are spending that money.
Generally speaking the outlay for major works tend not to be wrapped into the maintenance charges, albeit that there some managing agents in Victoria Dock ask tenants to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger works.
How much is the ground rent and service charge?