Sample questions relating to Flackwell Heath leasehold conveyancing
My wife and I may need to sub-let our Flackwell Heath basement flat for a while due to taking a sabbatical. We used a Flackwell Heath conveyancing practice in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?
Even though your last Flackwell Heath conveyancing lawyer is no longer available 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 obtain consent via your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Having checked my lease I have discovered that there are only 72 years left on my lease in Flackwell Heath. I am keen to get lease extension but my landlord is missing. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 Court. You will be obliged to demonstrate that you have used your best endeavours to track down the lessor. On the whole an enquiry agent would be useful to carry out a search and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Flackwell Heath.
I have just appointed agents to market my ground floor flat in Flackwell Heath.Conveyancing has not commenced but I have just had a quarterly maintenance charge demand – Do I pay up?
The sensible thing to do is discharge 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 unless 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.
I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Flackwell Heath. Conveyancing advisers have are about to be appointed. Will they explain the issues?
The majority of houses in Flackwell Heath are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Flackwell Heath so you should seriously consider shopping around for a Flackwell Heath conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer will report to you on the legal implications.
Can you provide any top tips for leasehold conveyancing in Flackwell Heath with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Flackwell Heath can be avoided if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
- The majority landlords or Management Companies in Flackwell Heath levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Flackwell Heath.
Leasehold Conveyancing in Flackwell Heath - Examples of Questions you should ask before Purchasing
-
The majority of Flackwell Heath leasehold properties will be liable to pay a service bill for maintenance of the building set on behalf of the freeholder. Where you buy the apartment you will have to pay this liability, normally quarterly accross the year. This could vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent to be met yearly, this is usually not a exorbitant amount, say around £50-£100 but you should to enquire it because sometimes it could be many hundreds of pounds.
How many of the leaseholders are in arrears for their service charge payments?
It would be prudent to find out if there are any onerous restrictions in the lease. By way of example it is reasonably common in Flackwell Heath leases that pets are not allowed in certain buildings in Flackwell Heath. If you love the apartmentin Flackwell Heath but your dog is not allowed to move with you then you will be faced difficult determination.
Other Topics