Examples of recent questions relating to leasehold conveyancing in Clacton On Sea
I am intending to rent out my leasehold apartment in Clacton On Sea. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Notwithstanding that your previous Clacton On Sea conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission from your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
Having checked my lease I have discovered that there are only Sixty One years remaining on my lease in Clacton On Sea. I am keen to get lease extension but my freeholder is can not be found. 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 enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Clacton On Sea.
Estate agents have just been given the go-ahead to market my garden apartment in Clacton On Sea.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – what should I do?
The sensible thing to do is discharge 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. This will smooth the conveyancing process.
I am looking at a two maisonettes in Clacton On Sea both have approximately 50 years left on the lease term. Will this present a problem?
A lease is a right to use the property for a period of time. As the lease shortens the value of the lease reduces and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this arena
Can you offer any advice when it comes to appointing a Clacton On Sea conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Clacton On Sea conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Clacton On Sea conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- How experienced is the firm with lease extension legislation?
Clacton On Sea Conveyancing for Leasehold Flats - Examples of Queries before buying
If a Clacton On Sea lease has less than eighty years it will impact the marketability of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will most likely need a lease extension at some point and it is worth finding out what this will be. Remember, in most cases you would need to own the property for two years in order to be eligible to carry out a lease extension.
Its a good idea to discover as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues like the cleanliness of the communal areas. Enquire of prospective neighbours what they think of their management. On a final note, find out the dates that the service charges are due to the appropriate party and specifically what you get for your money.
Does the lease have more than 80 years remaining?