I am intending to rent out my leasehold apartment in Crawley. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Crawley conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Seventy years left on my flat in Crawley. I am keen to get lease extension but my landlord is absent. What are my options?

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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent should be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Crawley.

I have just started marketing my ground floor flat in Crawley.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge demand – Do I pay up?

The sensible thing to do is clear 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Crawley. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Crawley ?

The majority of houses in Crawley are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Crawley so you should seriously consider looking for a Crawley conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer will appraise you on the various issues.

When it comes to leasehold conveyancing in Crawley what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Crawley. Most leases are individual and legal mistakes in the legal wording can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements 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

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Chelsea Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Leasehold Conveyancing in Crawley - A selection of Questions you should consider Prior to Purchasing

Who takes responsibility for maintaining and repairing the building? Be sure to discover if the the lease includes any adverse restrictions in the lease. By way of example some leases prohibit pets being permitted in in a block in Crawley. If you like the apartmentin Crawley but your dog is not allowed to move with you then you will be faced hard determination. It is important to be aware if fixing the lift or some other significant cost is due in the near future that will be shared between the leasehold owners and will materially impact the level of the service costs or result in a specific invoice.

Other Topics

Lease Extensions in Crawley