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?
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.
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.