Recently asked questions relating to Whiteley leasehold conveyancing
I only have 68 years left on my flat in Whiteley. I am keen to extend my lease but my freeholder is missing. What should I do?
On the basis that 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have used your best endeavours to find the landlord. For most situations an enquiry agent would be helpful to carry out a search and to produce an expert document to be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Whiteley.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Whiteley. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Whiteley ?
The majority of houses in Whiteley are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Whiteley so you should seriously consider shopping around for a Whiteley conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.
I've recently bought a leasehold flat in Whiteley. Do I have any liability for service charges for periods before 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. Strange as it may seem, 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £450000 flat in Whiteley in just under a week. The landlords agents has quoted £384 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Whiteley?
Whiteley conveyancing on leasehold flats often involves the buyer’s solicitor sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to address such questions the majority will be content to do so. They are entitled charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. In reality one has little option but to pay whatever is demanded if you want to exchange contracts with the buyer.
What makes a Whiteley lease unmortgageable?
There is nothing unique about leasehold conveyancing in Whiteley. Most leases are unique and drafting errors can result in certain clauses are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- 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
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Skipton Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.
Whiteley Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
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Generally speaking the cost for major works tend not to be incorporated into the service charges, although there some managing agents in Whiteley ask leasehold owners to pay into a sinking fund and this is used to offset against major works.
It would be prudent to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. 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 matters like the cleanliness of the communal areas. Ask prospective neighbours what they think of them. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.
Be sure to find out if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Whiteley. If you like the flatin Whiteley yet your cat can’t move with you then you will be faced hard choice.
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