Top Five Questions relating to Westbury Park leasehold conveyancing
I am in need of some leasehold conveyancing in Westbury Park. Before I get started I want to be sure as to the remaining lease term.
Assuming the lease is registered - and almost all are in Westbury Park - 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.
Helen (my wife) and I may need to rent out our Westbury Park garden flat for a while due to a career opportunity. We used a Westbury Park conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
A lease dictates the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, 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 Westbury Park do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I've recently bought a leasehold property in Westbury Park. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation 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. It is an essential part 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 are your top tips when it comes to finding a Westbury Park conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Westbury Park 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 talk with several firms including non Westbury Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If the firm is not ALEP accredited then why not?
Do you have any top tips for leasehold conveyancing in Westbury Park with the purpose of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Westbury Park can be bypassed where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers conveyancers.
- If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Westbury Park state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the consents in place you should not communicate with the landlord without contacting your lawyer in advance.
Leasehold Conveyancing in Westbury Park - Examples of Queries before buying
You will want to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues like the upkeep of the communal areas. You should not be afraid to ask other tenants what they think of their management. On a final note, investigate as to the dates that the service charges are due to the appropriate party and specifically what it includes.
Who is in charge of the building?
How many of the leaseholders are in arrears for their maintenance charge payments?