Whimple leasehold conveyancing Example Support Desk Enquiries
I would like to sublet my leasehold apartment in Whimple. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your last Whimple conveyancing solicitor is no longer available you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.
Having checked my lease I have discovered that there are only 62 years left on my lease in Whimple. I now want to extend my lease but my freeholder is missing. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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. However, you will be required to demonstrate that you have made all reasonable attempts to locate the freeholder. For most situations a specialist would be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Whimple.
I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Whimple. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Whimple ?
The majority of houses in Whimple are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Whimple in which case you should be looking for a Whimple conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should report to you on the legal implications.
I own a leasehold flat in Whimple. Conveyancing and Barclays Direct mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Whimple who acted for me is not around.What should I do?
First contact HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Whimple conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to finding a Whimple conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Whimple conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Whimple conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- If the firm is not ALEP accredited then why not?
Whimple Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
Is anyone aware of any major works in the planning that could increase the maintenance fees?
Generally speaking the cost for major works tend not to be incorporated into the service charges, although some managing agents in Whimple ask leasehold owners to contribute towards a sinking fund and this is used to offset against larger works.
It would be prudent to find out if there are any onerous restrictions in the lease. For example it is very common in Whimple leases that pets are not permitted in certain buildings in Whimple. If you like the propertyin Whimple however your cat is not allowed to make the move with you then you will be presented with a difficult compromise.