Questions and Answers: Woolacombe leasehold conveyancing
I would like to sublet my leasehold apartment in Woolacombe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
The lease governs the relationship between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Woolacombe do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
I’m about to sell my garden flat in Woolacombe.Conveyancing has not commenced but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Woolacombe. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Woolacombe ?
Most houses in Woolacombe are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Woolacombe so you should seriously consider looking for a Woolacombe conveyancing solicitor and check that they have experience in advising 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 with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer should appraise you on the various issues.
Back In 2006, I bought a leasehold flat in Woolacombe. Conveyancing and Skipton Building Society 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 ground rent demand for rent dating back to 1997. The conveyancing solicitor in Woolacombe who acted for me is not around.What should I do?
First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Woolacombe conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What are your top tips when it comes to choosing a Woolacombe conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Woolacombe conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Woolacombe conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- How many lease extensions has the firm conducted in Woolacombe in the last twenty four months?
Woolacombe Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing
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Where a Woolacombe lease has fewer than 80 years it will have adverse implications on the salability of the property. Check with your bank that they are happy with the length of the lease. A short lease means that you will almost definitely need a lease extension at some point and it is worth finding out what this will be. Remember, in most cases you will be required to have owned the residence for 24 months in order to be eligible to exercise a lease extension.
Its a good idea to discover as much as possible concerning the company managing the block as they can either make living at the property much simpler or uncomfortable. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the tidiness of the communal areas. Enquire of other people whether they are happy with their management. On a final note, investigate as to the dates that you are obliged pay the service charge to the relevant party and precisely what it includes.
Many Woolacombe leasehold properties will be liable to pay a service bill for maintenance of the building invoiced on behalf of the freeholder. Should you acquire the property you will have to meet this liability, usually in instalments throughout the year. This may differ from several hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge for you to pay yearly, normally this is not a large figure, say about £50-£100 but you should to enquire it because occasionally it could be many hundreds of pounds.
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