Questions and Answers: Great Baddow leasehold conveyancing
Helen (my wife) and I may need to let out our Great Baddow 1st floor flat temporarily due to a career opportunity. We instructed a Great Baddow conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?
Some leases for properties in Great Baddow 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 see references. Experience dictates 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.
I own a leasehold house in Great Baddow. Conveyancing and TSB mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Great Baddow who acted for me is not around.What should I do?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Great Baddow conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am attracted to a couple of apartments in Great Baddow both have approximately fifty years remaining on the leases. should I be concerned?
There is no doubt about it. A leasehold flat in Great Baddow is a wasting asset as a result of the reducing lease term. The closer the lease gets to its expiry date, the more it adversely affects the salability of the property. The majority of buyers and banks, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Great Baddow conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
What advice can you give us when it comes to finding a Great Baddow conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Great Baddow conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Great Baddow conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If they are not ALEP accredited then what is the reason?
All being well we will complete the sale of our £300000 maisonette in Great Baddow on Tuesday in a week. The freeholder has quoted £360 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Great Baddow?
For most leasehold sales in Great Baddow conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Completing pre-exchange enquiries
- Where consent is required before sale in Great Baddow
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Great Baddow Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
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How long is the Lease?
Be sure to investigate if there are any onerous restrictions in the lease. For instance it is fairly common in Great Baddow leases that pets are not allowed in in a block in Great Baddow. If you love the flatin Great Baddow but your dog is not allowed to make the move with you then you will be faced difficult decision.
The majority of Great Baddow leasehold apartments will incur a service bill for maintenance of the building invoiced on behalf of the landlord. Should you purchase the flat you will have to meet this contribution, usually quarterly during the year. This may differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge to be met annual, this is usually not a significant amount, say about £50-£100 but you need to enquire it because on occasion it can be prohibitively expensive.
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