Leasehold Conveyancing in Caversham - Get a Quote from the leasehold experts approved by your lender

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Caversham, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Caversham leasehold conveyancing Example Support Desk Enquiries

I wish to let out my leasehold flat in Caversham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your last Caversham conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The rule is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without first obtaining permission. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

I only have 72 years left on my flat in Caversham. I now wish to get lease extension but my freeholder is missing. 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 enable the lease to be lengthened by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist may be useful to try and locate and prepare a report which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Caversham.

Planning to sign contracts shortly on a studio apartment in Caversham. Conveyancing solicitors assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Caversham should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the premises. This will be the property itself but may include a loft or cellar if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Caversham please ask your solicitor in advance of your conveyancing in Caversham

    • I work for a long established estate agency in Caversham where we have experienced a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Caversham conveyancing solicitors. Please can you confirm whether the seller of a flat can start the lease extension formalities for the buyer?

    As long as 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. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 buyer.

    What are your top tips when it comes to appointing a Caversham conveyancing firm to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Caversham conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Caversham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

    • How experienced is the practice with lease extension legislation?
  • How many lease extensions has the firm conducted in Caversham in the last twenty four months?

    • Caversham Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

      Is the freehold reversion owned collectively by the tenants? Best to be warned whether redecorating or some other significant cost is due in the foreseeable future that will be shared amongst the leasehold owners and may well dramatically increase the the service costs or require a one off payment. The answer will be helpful as a) areas may result in problems in the block as the common areas may begin to deteriorate if maintenance are not paid for b) if the tenants have an issue with the managing agents you will want to know about it

    Other Topics

    Lease Extensions in Caversham