Recently asked questions relating to Bishopsworth leasehold conveyancing
I am intending to sublet my leasehold flat in Bishopsworth. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Some leases for properties in Bishopsworth 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.
Having checked my lease I have discovered that there are only 68 years remaining on my lease in Bishopsworth. I need to extend my lease but my freeholder is absent. What are my options?
If 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 Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. For most situations an enquiry agent would be useful to conduct investigations and to produce an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Bishopsworth.
I am a negotiator for a reputable estate agency in Bishopsworth where we see a number of flat sales put at risk as a result of short leases. I have been given inconsistent advice from local Bishopsworth conveyancing firms. Can you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Can you offer any advice when it comes to appointing a Bishopsworth conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Bishopsworth conveyancing practice) 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 speak with several firms including non Bishopsworth 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 helpful:
- How familiar is the firm with lease extension legislation?
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £400000 flat in Bishopsworth in nine days. The freeholder has quoted £408 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Bishopsworth?
Bishopsworth conveyancing on leasehold maisonettes ordinarily results in fees being invoiced by managing agents :
- Addressing pre-exchange questions
- Where consent is required before sale in Bishopsworth
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Bishopsworth Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing
The answer will be useful as a) areas can result in problems for the building as the common areas may start to deteriorate where services are not paid for b) if the tenants have a dispute with the running of the building you will wish to have all the details
Who is in charge of the building?
Make sure you discover if the the lease includes any onerous restrictions in the lease. For instance some leases prohibit pets being allowed in certain buildings in Bishopsworth. If you love the propertyin Bishopsworth but your dog can’t move with you then you will be faced difficult compromise.