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Examples of recent questions relating to leasehold conveyancing in Crabtree

I would like to let out my leasehold apartment in Crabtree. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in Crabtree do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have recently realised that I have Seventy years remaining on my flat in Crabtree. I now want to extend my lease but my landlord is missing. What should I do?

On the basis that 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 mean that your lease can be extended by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to find the freeholder. For most situations an enquiry agent may be useful to conduct investigations and to produce a report to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court covering Crabtree.

Expecting to exchange soon on a ground floor flat in Crabtree. Conveyancing lawyers inform me that they are sending me a report tomorrow. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Crabtree please enquire of your solicitor in advance of your conveyancing in Crabtree

    • Do you have any top tips for leasehold conveyancing in Crabtree from the perspective of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Crabtree can be bypassed where you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Crabtree state that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such changes. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your lawyer in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important 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 may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate is often a time consuming formality and slows down many a Crabtree home move. If a duplicate share is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is under 75 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • What makes a Crabtree lease problematic?

    Leasehold conveyancing in Crabtree is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • Insurance obligations
    • 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

    You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Bank of Scotland, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in Crabtree - A selection of Questions you should ask Prior to buying

      You should be aware if it is no more than 80 years it will impact the marketability of the flat. Check with your bank that they are content with the length of the lease. A short lease means that you will almost definitely need a lease extension at some point and you need to have some idea of what this will be. For most Crabtreelease extensions you would be required to have been the owner of the property for a couple of years before you are entitled to extend the lease. Can you tell me if there are any major works anticipated that could increase the service charges? Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Crabtree