Recently asked questions relating to Eaglescliffe leasehold conveyancing
I am intending to rent out my leasehold apartment in Eaglescliffe. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
A small minority of properties in Eaglescliffe do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review 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 remaining on my flat in Eaglescliffe. I am keen to get lease extension but my freeholder is absent. What options are available to me?
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 mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. On the whole a specialist should be useful to carry out a search and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Eaglescliffe.
What advice can you give us when it comes to finding a Eaglescliffe conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Eaglescliffe conveyancing firm) it is most important 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 Eaglescliffe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- Can they put you in touch with client in Eaglescliffe who can give a testimonial?
Can you provide any top tips for leasehold conveyancing in Eaglescliffe from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Eaglescliffe can be bypassed if you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information which will be required by the purchasers’ conveyancers.
- In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Eaglescliffe state that internal structural changes or installing wooden flooring calls for a licence from the Landlord consenting to such alterations. Where you dont have the paperwork in place do not communicate with the landlord without contacting your lawyer first.
If all goes to plan we aim to complete our sale of a £425000 flat in Eaglescliffe on Thursday in a week. The management company has quoted £312 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Eaglescliffe?
Eaglescliffe conveyancing on leasehold apartments typically involves administration charges levied by landlords agents :
- Addressing pre-exchange enquiries
- Where consent is required before sale in Eaglescliffe
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Eaglescliffe Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
What is the maintenance charge and ground rent on the flat?
It would be prudent to discover as much as you can concerning the company managing the block as they can either make life much simpler or problematic. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the tidiness of the communal areas. Ask prospective neighbours whether they are happy with them. Finally, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.
If a Eaglescliffe lease has fewer than eighty years it will have adverse implications on the value of the property. It is worth checking with your lender that they are content with the length of the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth discovering what this will be. For most Eaglescliffelease extensions you will be be obliged to have been the owner of the premises for 24 months in order to be entitled to carry out a lease extension.