Gilberdyke leasehold conveyancing: Q and A’s
My fiance and I may need to rent out our Gilberdyke garden flat temporarily due to a career opportunity. We instructed a Gilberdyke conveyancing firm in 2001 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 dictates the relationship between the landlord and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Gilberdyke do not prevent subletting altogether – such a provision would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
Having checked my lease I have discovered that there are only 62 years remaining on my flat in Gilberdyke. I am keen to extend my lease but my freeholder is missing. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the landlord. In some cases a specialist may be useful to conduct investigations and to produce an expert document which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Gilberdyke.
Estate agents have just been given the go-ahead to market my 2 bed flat in Gilberdyke.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – what should I do?
The sensible thing to do is pay the service charge 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 managing agents 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've found a house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Gilberdyke. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Gilberdyke ?
The majority of houses in Gilberdyke are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Gilberdyke so you should seriously consider looking for a Gilberdyke conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer will appraise you on the various issues.
I am looking at a couple of apartments in Gilberdyke which have about 50 years unexpired on the leases. Will this present a problem?
There are plenty of short leases in Gilberdyke. The lease is a right to use the property for a period of time. As a lease gets shorter the marketability of the lease reduces and it becomes more expensive to extend the lease. For this reason it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field
I purchased a split level flat in Gilberdyke, conveyancing was carried out 3 years ago. Can you work out an approximate cost of a lease extension? Comparable flats in Gilberdyke with a long lease are worth £253,000. The ground rent is £65 invoiced annually. The lease ends on 21st October 2090
With just 69 years unexpired we estimate the premium for your lease extension to be between £10,500 and £12,000 as well as costs.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.