Top Five Questions relating to Woodingdean leasehold conveyancing
I want to let out my leasehold apartment in Woodingdean. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A small minority of properties in Woodingdean do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see 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 consent.
Expecting to sign contracts shortly on a basement flat in Woodingdean. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Woodingdean should include some of the following:
- Will you be prohibited or prevented from having pets in the property?
My wife and I purchased a leasehold flat in Woodingdean. Conveyancing and Alliance & Leicester mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Woodingdean who acted for me is not around.Any advice?
First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Woodingdean conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to appointing a Woodingdean conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Woodingdean conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Woodingdean conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If the firm is not ALEP accredited then what is the reason?
What makes a Woodingdean lease defective?
There is nothing unique about leasehold conveyancing in Woodingdean. Most leases is drafted differently 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 elements of the building
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Bank of Scotland, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.
Woodingdean Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
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Make sure you investigate if there is anything that is prohibited in the lease. By way of example it is very common in Woodingdean leases that pets are not permitted in in a block in Woodingdean. If you like the apartmentin Woodingdean but your cat is not allowed to live with you then you will be faced hard compromise.
The answer will be helpful as a) areas can result in problems for the block as the communal areas may start to deteriorate if repairs remain unpaid b) if the tenants have a dispute with the running of the building you will want to have all the details
If a Woodingdean lease has no more than 80 years it will have adverse implications on the value of the apartment. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this will be. For most Woodingdeanlease extensions you will be required to have been the owner of the residence for a couple of years in order to be eligible to extend the lease.
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