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Dunmow leasehold conveyancing: Q and A’s

My wife and I may need to let out our Dunmow garden flat temporarily due to a career opportunity. We used a Dunmow conveyancing firm in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Dunmow conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Expecting to exchange soon on a ground floor flat in Dunmow. Conveyancing lawyers assured me that they will have a report out to me next week. What should I be looking out for?

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

  • You should receive a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Will you be prohibited or prevented from having pets in the property?
  • 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
  • Whether your lease has a provision for a reserve fund?
  • Changes to the flat (alterations and additions)
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Dunmow please ask your lawyer in ahead of your conveyancing in Dunmow

    • I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Dunmow. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

    The majority of houses in Dunmow are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Dunmow in which case you should be looking for a Dunmow conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.

    I've recently bought a leasehold flat in Dunmow. Do I have any liability for service charges for periods before completion of my purchase?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Can you offer any advice when it comes to choosing a Dunmow conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Dunmow conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Dunmow 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 helpful:

    • What volume of lease extensions has the firm carried out in Dunmow in the last twenty four months?
  • Can they put you in touch with client in Dunmow who can give a testimonial?

    • Dunmow Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

      Best to be warned if changing the roof or some other significant cost is due shortly to be shared between the leasehold owners and may well materially impact the level of the maintenance charges or require a one time invoice. How many years remain on the lease? The prefered form of lease structure is where the freehold reversion is owned by the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and even though a managing agent is usually employed where the building is larger than a house conversion, the managing agent retained by the leaseholders.

    Other Topics

    Lease Extensions in Dunmow