Recently asked questions relating to Bradley Stoke leasehold conveyancing
My husband and I may need to let out our Bradley Stoke basement flat temporarily due to a new job. We used a Bradley Stoke conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
A lease dictates the relationship between the landlord and you the leaseholder; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Bradley Stoke do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
Looking forward to sign contracts shortly on a ground floor flat in Bradley Stoke. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Bradley Stoke should include some of the following:
- You should be sent a copy of the lease
I have just started marketing my ground floor flat in Bradley Stoke.Conveyancing has not commenced but I have just received a half-yearly service charge demand – Do I pay up?
The sensible thing to do is pay 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 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 attracted to a two apartments in Bradley Stoke both have approximately 50 years left on the lease term. Will this present a problem?
There is no doubt about it. A leasehold apartment in Bradley Stoke is a wasting asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it adversely affects the salability of the premises. For most purchasers and mortgage companies, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Bradley Stoke conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
What are your top tips when it comes to choosing a Bradley Stoke conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Bradley Stoke conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Bradley Stoke 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 they are not ALEP accredited then why not?
Bradley Stoke Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying
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Who is in charge of the block?
What prohibitions exist in the Bradley Stoke Lease?
It would be a good idea to investigate if there is anything that is prohibited in the lease. For example it is reasonably common in Bradley Stoke leases that pets are not allowed in in a block in Bradley Stoke. If you like the flatin Bradley Stoke however your dog is not allowed to move with you then you will be faced hard compromise.
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