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Recently asked questions relating to Earley leasehold conveyancing

There are only Seventy years remaining on my flat in Earley. I am keen to get lease extension but my landlord is missing. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. In some cases an enquiry agent should be helpful to conduct investigations and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the application to the County Court covering Earley.

Expecting to complete next month on a leasehold property in Earley. Conveyancing lawyers inform me that they are sending me a report next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Earley should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Setting out your legal entitlements in respect of the communal areas in the block.For example, does the lease provide for a right of way over a path or staircase?
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • Whether your lease has a provision for a reserve fund?
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Earley please ask your conveyancer in ahead of your conveyancing in Earley

  • My wife and I purchased a leasehold flat in Earley. Conveyancing and Platform Home Loans Ltd mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Earley who acted for me is not around.Any advice?

    First make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Earley conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Do you have any top tips for leasehold conveyancing in Earley with the aim of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Earley can be bypassed where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers solicitors.
    • Many landlords or Management Companies in Earley charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Earley.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Earley state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. Should you dont have the paperwork to hand do not contact the landlord without checking with your lawyer in the first instance.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Organising a new share certificate can be a time consuming formality and delays many a Earley home move. If a duplicate share is required, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but you should verify this via your conveyancers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

  • We expect to complete the disposal of our £425000 flat in Earley next week. The managing agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Earley?

    Earley conveyancing on leasehold flats usually involves administration charges invoiced by managing agents :

    • Completing conveyancing due diligence enquiries
    • Where consent is required before sale in Earley
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Earley leasehold premises is £350. For Earley conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

    Leasehold Conveyancing in Earley - Examples of Queries before buying

      Generally speaking the outlay for major works are not included within maintenance charges, although a few managing agents in Earley require leaseholders to pay into a sinking fund created for the specific intention of building a fund for larger repairs or maintenance. What is the length of the lease? What restrictions are there in the Earley Lease?

    Other Topics

    Lease Extensions in Earley