Frequently asked questions relating to Ongar leasehold conveyancing
My fiance and I may need to sub-let our Ongar garden flat for a while due to a new job. We used a Ongar conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in Ongar do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to 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.
Due to exchange soon on a basement flat in Ongar. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Ongar should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
My wife and I purchased a leasehold flat in Ongar. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. 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 solicitor in Ongar who previously acted has now retired.What should I do?
The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Ongar conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am looking at a two flats in Ongar both have approximately fifty years left on the lease term. Will this present a problem?
A lease is a legal document that entitles you to use the premises for a period of time. As a lease gets shorter the marketability of the lease decreases and it becomes more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this area
We expect to complete the disposal of our £275000 garden flat in Ongar on Thursday in a week. The landlords agents has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Ongar?
Ongar conveyancing on leasehold apartments normally requires the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to respond to such questions most will be willing to do so. They may levy a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it is above £800. The management information fee demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, otherwise the invoice is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you should you wish to sell the property.
Ongar Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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Most Ongar leasehold properties will be liable to pay a service charge for maintenance of the building levied on behalf of the freeholder. If you acquire the flat you will have to pay this charge, usually in instalments throughout the year. This can differ from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a ground rent for you to pay yearly, this is usually not a exorbitant figure, say approximately £25-£75 but you should to enquire it because sometimes it can be surprisingly expensive.
Best to be warned whether fixing the lift or some other major work is coming up to be shared by the leasehold owners and will materially impact the level of the service charges or result in a one off payment.
What is the annual maintenance fee and ground rent?
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