Common questions relating to Crewe leasehold conveyancing
Harry (my fiance) and I may need to rent out our Crewe garden flat for a while due to a new job. We instructed a Crewe conveyancing firm in 2003 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
A lease dictates relations between the freeholder and you the flat owner; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Crewe do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
I have recently realised that I have Fifty years left on my flat in Crewe. I need to extend my lease but my landlord is missing. What should I do?
On the basis that 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 extended by the Court. However, you will be required to prove that you have done all that could be expected to locate the landlord. On the whole a specialist may be useful to try and locate and to produce an expert document to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Crewe.
I am hoping to complete next month on a leasehold property in Crewe. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Crewe should include some of the following:
- Setting out your rights in respect of common areas in the block.For instance, does the lease permit a right of way over an accessway or staircase?
Estate agents have just been given the go-ahead to market my basement apartment in Crewe.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should 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.
What are your top tips when it comes to appointing a Crewe conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Crewe conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Crewe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- What volume of lease extensions have they completed in Crewe in the last year?
Crewe Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying
It would be wise to discover as much as you can concerning the managing agents as they can either make living at the property much easier or problematic. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to every day matters such as the upkeep of the communal areas. Enquire of other tenants if they are happy with them. In conclusion, find out the dates that the service fees are due to the managing agents and precisely what it includes.
Who manages the building?
What is the annual maintenance fee and ground rent?