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Claydon leasehold conveyancing Example Support Desk Enquiries

My fiance and I may need to let out our Claydon 1st floor flat for a while due to a new job. We used a Claydon conveyancing firm in 2004 but they have since shut 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 dictates relations between the landlord and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Claydon do not prevent subletting altogether – such a clause would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Claydon. I now want to extend my lease but my freeholder is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 demonstrate that you have made all reasonable attempts to locate the landlord. In some cases an enquiry agent would be helpful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court covering Claydon.

Expecting to complete next month on a garden flat in Claydon. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Claydon should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in respect of common areas in the block.By way of example, does the lease contain a right of way over an accessway or hallways?
  • Whether the lease restricts you from renting out the flat, or working from home
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • 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. For a comprehensive list of information to be included in your report on your leasehold property in Claydon please enquire of your solicitor in advance of your conveyancing in Claydon

    • Can you offer any advice when it comes to finding a Claydon conveyancing practice to deal with our lease extension?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Claydon conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Claydon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If they are not ALEP accredited then why not?
  • How many lease extensions have they conducted in Claydon in the last year?

    • Are there common defects that you witness in leases for Claydon properties?

    Leasehold conveyancing in Claydon is not unique. All leases are individual and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Royal Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Claydon Leasehold Conveyancing - Sample of Questions you should ask before buying

      How much is the ground rent and service charge? Does this lease have in excess of 85 years unexpired? The prefered form of lease arrangement is a share of the freehold. In this situation the leaseholders have control and even though a managing agent is frequently employed if it is larger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in Claydon