Top Five Questions relating to Forest of Dean leasehold conveyancing
I would like to let out my leasehold flat in Forest of Dean. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
A small minority of properties in Forest of Dean do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests 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.
There are only Fifty years unexpired on my flat in Forest of Dean. I need to extend my lease but my landlord is missing. What should I do?
If you qualify, 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 granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the lessor. For most situations a specialist may be useful to carry out a search and prepare an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Forest of Dean.
Planning to complete next month on a basement flat in Forest of Dean. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Forest of Dean should include some of the following:
- You should be sent a copy of the lease
What are your top tips when it comes to finding a Forest of Dean conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Forest of Dean conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Forest of Dean conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the firm with lease extension legislation?
Completion in due on the sale of our £275000 flat in Forest of Dean in nine days. The management company has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Forest of Dean?
Forest of Dean conveyancing on leasehold flats often necessitates the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to respond to these enquiries most will be content to assist. They are entitled levy a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee required by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, otherwise the charge is technically not due. Reality however dictates that one has no choice but to pay whatever is demanded if you want to complete the sale of your home.
Leasehold Conveyancing in Forest of Dean - Sample of Queries Prior to buying
Plenty Forest of Dean leasehold flats will have a service bill for the upkeep of the block invoiced by the management company. Should you purchase the flat you will have to meet this amount, usually quarterly during the year. This could be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a ground rent to be met annual, ordinarily this is not a large sum, say around £25-£75 but you need to check it because on occasion it can be many hundreds of pounds.
Is there a share of the freehold?
What is the annual service fee and ground rent?