Fixed-fee leasehold conveyancing in Barton Le Clay:

While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Barton Le Clay, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Barton Le Clay leasehold conveyancing

Jane (my partner) and I may need to sub-let our Barton Le Clay 1st floor flat temporarily due to a new job. We instructed a Barton Le Clay conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Barton Le Clay conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior consent. The consent must not not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I have recently realised that I have Fifty years remaining on my lease in Barton Le Clay. I am keen to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent may be helpful to conduct investigations and prepare a report to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court covering Barton Le Clay.

I have just started marketing my ground floor flat in Barton Le Clay.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 until 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.

What advice can you give us when it comes to choosing a Barton Le Clay conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Barton Le Clay conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Barton Le Clay conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • If the firm is not ALEP accredited then why not?
  • What are the charges for lease extension conveyancing?

  • Do you have any advice for leasehold conveyancing in Barton Le Clay from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Barton Le Clay can be avoided where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Barton Le Clay state that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Where you fail to have the paperwork to hand do not contact the landlord without checking with your solicitor in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share certificate. Arranging a re-issued share certificate is often a time consuming formality and delays many a Barton Le Clay home move. Where a new share is necessary, do contact the company officers or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to where the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Barton Le Clay Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

      The answer will be useful as a) areas may cause problems for the block as the common areas may begin to deteriorate where maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will wish to have full disclosure The best form of lease structure is where the freehold title is in the ownership of the leaseholders. In this scenario the lessees benefit from being in charge if their destiny and although a managing agent is usually retained if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. It would be prudent to investigate if there is anything that is prohibited in the lease. For example it is very common in Barton Le Clay leases that pets are not allowed in certain buildings in Barton Le Clay. If you like the apartmentin Barton Le Clay but your dog can’t move with you then you will be presented with a hard choice.

    Other Topics

    Lease Extensions in Barton Le Clay