Recently asked questions relating to Yorkshire Dales leasehold conveyancing
I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Yorkshire Dales. Conveyancing advisers have are about to be instructed. Will they explain the issues?
The majority of houses in Yorkshire Dales are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Yorkshire Dales so you should seriously consider shopping around for a Yorkshire Dales conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.
I own a leasehold house in Yorkshire Dales. Conveyancing and Skipton Building Society mortgage organised. I have received a letter 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 1996. The conveyancing practitioner in Yorkshire Dales who previously acted has now retired.Any advice?
First contact HMLR to be sure that this person is in fact the new freeholder. You do not need to instruct a Yorkshire Dales conveyancing firm to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold house in Yorkshire Dales. Do I have any liability for service charges for periods before my ownership?
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 be sure 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 sale of our £250000 garden flat in Yorkshire Dales next Monday . The management company has quoted £312 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Yorkshire Dales?
For the majority of leasehold sales in Yorkshire Dales conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Addressing pre-contract questions
- Where consent is required before sale in Yorkshire Dales
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
What are the frequently found defects that you come across in leases for Yorkshire Dales properties?
There is nothing unique about leasehold conveyancing in Yorkshire Dales. Most leases are individual 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.
- Maintenance charge proportions which don’t add up to the correct percentage
You will have 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. Yorkshire Building Society, Norwich and Peterborough Building Society, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.
Yorkshire Dales Leasehold Conveyancing - A selection of Questions you should ask Prior to buying
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This information is useful as a) areas could cause problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will wish to have complete disclosure
The prefered form of lease structure is if the freehold reversion is owned by the leaseholders. In this arrangement the lessees enjoy being in charge if their destiny and even though a managing agent is usually employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.
It is important to be aware whether changing the roof or some other major work is due shortly to be shared between the leaseholders and will materially increase the the maintenance charges or require a specific payment.
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