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Bridlington leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Bridlington. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Bridlington - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Helen (my wife) and I may need to rent out our Bridlington garden flat for a while due to a new job. We used a Bridlington conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Bridlington conveyancing solicitor is not available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to seek consent via your landlord or some other party in advance of subletting. This means you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I only have Sixty One years left on my lease in Bridlington. I am keen to get lease extension but my landlord is can not be found. What are my options?

If you qualify, 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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to track down the landlord. For most situations a specialist may be helpful to try and locate and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the application to the County Court covering Bridlington.

I am looking at a couple of flats in Bridlington both have in the region of fifty years left on the lease term. Do I need to be concerned?

A lease is a legal document that entitles you to use the property for a period of time. As the lease gets shorter the saleability of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this field

Can you provide any advice for leasehold conveyancing in Bridlington from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Bridlington can be reduced where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
  • Many landlords or managing agents in Bridlington charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Bridlington.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Bridlington leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you fail to have the approvals to hand you should not contact the landlord without checking with your conveyancer in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to discharge 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 buyers, but it is better to present the dispute as over rather than unresolved.
  • You may think that you are aware of the number of years remaining on your lease but you should verify this via your lawyers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Bridlington Leasehold Conveyancing - Sample of Queries Prior to buying

      This question is useful as a) areas can result in problems for the building as the common areas may begin to deteriorate if maintenance are not paid for b) if the leaseholders have a dispute with the running of the building you will need to know about it Make sure you discover if there is anything that is prohibited in the lease. For instance some leases prohibit pets being permitted in in a block in Bridlington. If you love the flatin Bridlington however your cat can’t move with you then you will be faced difficult compromise. What is the name of the managing agents?

    Other Topics

    Lease Extensions in Bridlington