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When it comes to leasehold conveyancing in Bubwith, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, RBS or Bradford & Bingley make sure you choose a lawyer on their approved list. Find a Bubwith conveyancing lawyer with our search tool

Top Five Questions relating to Bubwith leasehold conveyancing

My partner and I may need to sub-let our Bubwith 1st floor flat temporarily due to a career opportunity. We instructed a Bubwith conveyancing practice in 2004 but they have closed 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?

The lease governs the relationship between the landlord and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Bubwith do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Having checked my lease I have discovered that there are only Seventy years remaining on my flat in Bubwith. I now wish to extend my lease but my landlord is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order 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 prove that you have used your best endeavours to track down the landlord. For most situations a specialist would be helpful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Bubwith.

I have just appointed agents to market my ground floor flat in Bubwith.Conveyancing has not commenced but I have just had a quarterly maintenance charge invoice – what should I do?

It best that you clear the service charge 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that seems to be perfect, at a great figure which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Bubwith. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Bubwith ?

The majority of houses in Bubwith are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Bubwith so you should seriously consider shopping around for a Bubwith conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

Do you have any advice for leasehold conveyancing in Bubwith from the point of view of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Bubwith can be avoided where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers lawyers.
  • Many landlords or managing agents in Bubwith charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Bubwith.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Bubwith leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you dont have the approvals to hand you should not contact the landlord without checking with your lawyer first.
  • A minority of Bubwith leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Arranging a replacement share certificate is often a lengthy formality and frustrates many a Bubwith conveyancing deal. Where a new share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • Bubwith Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

      How much is the service charge and ground rent on the property? Are any of leasehold owners in dispute over their service charge liability? What prohibitions are contained in the Bubwith Lease?

    Other Topics

    Lease Extensions in Bubwith