Top Five Questions relating to Bexhill On Sea leasehold conveyancing
Helen (my wife) and I may need to sub-let our Bexhill On Sea basement flat temporarily due to taking a sabbatical. We used a Bexhill On Sea conveyancing practice in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?
A lease dictates relations between the landlord and you the leaseholder; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Bexhill On Sea do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
Having checked my lease I have discovered that there are only Fifty years remaining on my flat in Bexhill On Sea. I am keen to extend my lease but my freeholder is missing. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to find the freeholder. For most situations a specialist should be helpful to try and locate and to produce a report to be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering Bexhill On Sea.
Due to complete next month on a basement flat in Bexhill On Sea. Conveyancing lawyers have said that they will have a report out to me tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in Bexhill On Sea should include some of the following:
- You should receive a copy of the lease
I've recently bought a leasehold flat in Bexhill On Sea. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous owner 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).
What are your top tips when it comes to appointing a Bexhill On Sea conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Bexhill On Sea conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Bexhill On Sea conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How familiar is the firm with lease extension legislation?
Leasehold Conveyancing in Bexhill On Sea - Examples of Queries Prior to Purchasing
This question is helpful as a) areas can result in problems in the building as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have an issue with the managing agents you will need to have full disclosure
Does this lease have in excess of 90 years left?
It is important to be aware whether redecorating or some other major work is due in the near future that will be shared amongst the leasehold owners and will dramatically impact the level of the maintenance charges or necessitate a one time payment.