Frequently asked questions relating to East Molesey leasehold conveyancing
I am on look out for some leasehold conveyancing in East Molesey. Before I set the wheels in motion I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and most are in East Molesey - then the leasehold title will always include the basic details 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.
Jane (my partner) and I may need to let out our East Molesey 1st floor flat for a while due to taking a sabbatical. We instructed a East Molesey conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous East Molesey conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
There are only Fifty years remaining on my flat in East Molesey. I now want to extend my lease but my landlord is missing. What options are available to me?
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 mean that your lease can be granted an extra 90 years by the Court. You will be obliged to prove that you have made all reasonable attempts to track down the landlord. For most situations a specialist may be useful to try and locate and to produce a report which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court overseeing East Molesey.
My wife and I purchased a leasehold house in East Molesey. Conveyancing and Accord Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in East Molesey who previously acted has now retired.Do I pay?
First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a East Molesey conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What advice can you give us when it comes to choosing a East Molesey conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a East Molesey conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non East Molesey conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- What volume of lease extensions has the firm conducted in East Molesey in the last year?
After years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in East Molesey. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a East Molesey conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a East Molesey flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
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