Questions and Answers: Aspley Guise leasehold conveyancing
Harry (my fiance) and I may need to let out our Aspley Guise ground floor flat for a while due to taking a sabbatical. We used a Aspley Guise conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in Aspley Guise 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 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 permission.
I only have Fifty years unexpired on my lease in Aspley Guise. I need to extend my lease but my landlord is missing. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. For most situations a specialist would be useful to try and locate and to produce a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing Aspley Guise.
Looking forward to sign contracts shortly on a basement flat in Aspley Guise. Conveyancing lawyers assured me that they report fully tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Aspley Guise should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
Estate agents have just been given the go-ahead to market my garden apartment in Aspley Guise.Conveyancing has not commenced but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should discharge 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Aspley Guise. Conveyancing advisers have are about to be appointed. Will they explain the issues?
Most houses in Aspley Guise are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Aspley Guise so you should seriously consider shopping around for a Aspley Guise conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will advise you fully on all the issues.
Leasehold Conveyancing in Aspley Guise - Examples of Queries before Purchasing
Most Aspley Guise leasehold flats will have a service bill for maintenance of the block set by the landlord. If you acquire the property you will have to pay this contribution, usually periodically during the year. This can vary from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a rentcharge to be met yearly, normally this is not a large sum, say approximately £25-£75 but you need to enquire as occasionally it could be many hundreds of pounds.
Be sure to investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Aspley Guise. If you like the flatin Aspley Guise however your cat is not allowed to live with you then you have a very hard choice.
What restrictions are there in the Aspley Guise Lease?