I wish to rent out my leasehold flat in Parkstone. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Some leases for properties in Parkstone do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates 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.

I own a leasehold flat in Parkstone. Conveyancing and Leeds Building Society mortgage organised. A letter has just been received 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 1998. The conveyancing practitioner in Parkstone who acted for me is not around.Any advice?

First contact HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Parkstone conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Parkstone. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee 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 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).

Can you offer any advice when it comes to appointing a Parkstone conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a solicitor for your lease extension (regardless if they are a Parkstone conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Parkstone conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If they are not ALEP accredited then why not?

In relation to leasehold conveyancing in Parkstone what are the most common lease defects?

Leasehold conveyancing in Parkstone is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• 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 could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Coventry Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Parkstone Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Best to be warned whether a new roof is being put on or some other major work is due in the foreseeable future that will be shared between the leasehold owners and will materially increase the the maintenance fees or necessitate a one off payment. How much is the yearly service fee and ground rent? Most Parkstone leasehold flats will be liable to pay a service charge for maintenance of the block invoiced on behalf of the management company. If you buy the property you will have to pay this liability, normally quarterly accross the year. This can be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say about £25-£75 but you should to check as on occasion it could be prohibitively expensive.

Other Topics

Lease Extensions in Parkstone