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Questions and Answers: Epworth leasehold conveyancing

I am in need of some leasehold conveyancing in Epworth. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

If the lease is registered - and almost all are in Epworth - 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 sub-let our Epworth garden flat for a while due to a career opportunity. We used a Epworth conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Your lease governs the relationship between the freeholder and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Epworth do not prevent subletting altogether – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Due to exchange soon on a leasehold property in Epworth. Conveyancing lawyers assured 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 Epworth should include some of the following:

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • The physical extent of the demise. This will be the apartment itself but might include a loft or cellar if applicable.
  • Defining your legal entitlements in relation to common areas in the block.For example, does the lease contain a right of way over an accessway or staircase?
  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from subletting the property, or having a home office for business
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Epworth please ask your lawyer in advance of your conveyancing in Epworth

    • I am tempted by the attractive purchase price for a couple of flats in Epworth which have in the region of forty five years remaining on the lease term. Do I need to be concerned?

    A lease is a right to use the premises for a period of time. As a lease gets shorter the saleability of the lease decreases and results in it becoming more costly to extend the lease. This is why it is often a good idea to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We advise that you seek professional help from a conveyancer and surveyor with experience in this field

    Are there common defects that you come across in leases for Epworth properties?

    There is nothing unique about leasehold conveyancing in Epworth. Most leases is drafted differently and drafting errors can sometimes mean that certain clauses are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Skipton Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

    Epworth Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

      Make sure you enquire if there are any onerous restrictions in the lease. For instance it is reasonably common in Epworth leases that pets are not allowed in in a block in Epworth. If you like the apartmentin Epworth however your cat can’t make the move with you then you will be presented with a difficult decision. You should want to discover as much as possible about the company managing the block as they will either make life much simpler or problematic. As the proprietor of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to every day issues like the tidiness of the communal areas. Enquire of other tenants what they think of them. On a final note, be sure you understand the dates that the maintenance charges are due to the appropriate party and specifically how they are spending the funds. What prohibitions exist in the Epworth Lease?

    Other Topics

    Lease Extensions in Epworth