I am on look out for some leasehold conveyancing in Cranbrook. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Cranbrook - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My fiance and I may need to sub-let our Cranbrook basement flat for a while due to taking a sabbatical. We used a Cranbrook conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Cranbrook do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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 72 years left on my flat in Cranbrook. I am keen to get lease extension but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, 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 granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to find the lessor. In some cases an enquiry agent should be helpful to try and locate and to produce a report which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court overseeing Cranbrook.

What are your top tips when it comes to finding a Cranbrook conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Cranbrook conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Cranbrook conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?

We expect to complete the sale of our £275000 garden flat in Cranbrook next week. The managing agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Cranbrook?

Cranbrook conveyancing on leasehold apartments usually requires the buyer’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to do so. They may invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee demanded by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, without which the invoice is technically not due. Reality however dictates that you have no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

Cranbrook Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

The majority of Cranbrook leasehold apartments will be liable to pay a service charge for maintenance of the building set on behalf of the freeholder. If you acquire the flat you will have to pay this charge, normally in instalments during the year. This could differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent to be met annual, this is usually not a exorbitant figure, say around £25-£75 but you should to check as sometimes it could be surprisingly expensive. For many Cranbrook leaseholds the cost for major works tend not to be included within maintenance charges, although there some managing agents in Cranbrook ask leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for major works. Where a Cranbrook lease has no more than eighty years it will affect the marketability of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. 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 would cost. Remember, in most cases you would need to own the property for a couple of years before you are eligible to exercise a lease extension.

Other Topics

Lease Extensions in Cranbrook