I am on look out for some leasehold conveyancing in Dunmow. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Dunmow - 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.

Frank (my husband) and I may need to rent out our Dunmow 1st floor flat temporarily due to a career opportunity. We instructed a Dunmow conveyancing practice in 2001 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Dunmow conveyancing lawyer is no longer available you can check your lease to see if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I have just appointed agents to market my garden apartment in Dunmow.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – what should I do?

It best that you pay 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 until 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.

Back In 2003, I bought a leasehold house in Dunmow. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Dunmow who previously acted has long since retired.Any advice?

First contact HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Dunmow conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a reputable estate agent office in Dunmow where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Dunmow conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Leasehold Conveyancing in Dunmow - A selection of Queries Prior to Purchasing

How much is the ground rent and service charge? The prefered form of lease structure is a share of the freehold. In this arrangement the leaseholders have being in charge if their destiny and although a managing agent is often retained if the building is bigger than a house conversion, the managing agent is directed by the tenants. Its a good idea to discover as much as you can concerning the company managing the block as they will either make life much easier or much more difficult. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the upkeep of the common parts. Don't be shy to ask other tenants whether they are happy with their management. In conclusion, be sure you understand the dates that you are obliged pay the service charge to the appropriate party and specifically what you get for your money.

Other Topics

Lease Extensions in Dunmow