Harry (my fiance) and I may need to sub-let our Great Dunmow 1st floor flat for a while due to a new job. We used a Great Dunmow conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Great Dunmow 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 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 permission.

I am tempted by the attractive purchase price for a two flats in Great Dunmow both have in the region of 50 years left on the lease term. Will this present a problem?

There are plenty of short leases in Great Dunmow. The lease is a right to use the premises for a prescribed time frame. As the lease shortens the marketability of the lease deteriorate and results in it becoming more costly to extend the lease. For this reason it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

I work for a long established estate agency in Great Dunmow where we see a few leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Great Dunmow conveyancing solicitors. Please can you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to appointing a Great Dunmow conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Great Dunmow 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 several firms including non Great Dunmow conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?

When it comes to leasehold conveyancing in Great Dunmow what are the most frequent lease defects?

Leasehold conveyancing in Great Dunmow is not unique. Most leases are individual and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Leeds Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Great Dunmow Leasehold Conveyancing - Sample of Queries Prior to Purchasing

This question is useful as a) areas could cause problems for the building as the common areas may begin to deteriorate where services remain unpaid b) if the tenants have a dispute with the managing agents you will need to have all the details It is important to be aware if window replacement or some other significant cost is due shortly that will be shared by the leaseholders and could well dramatically impact the level of the maintenance charges or result in a one time invoice. It would be prudent to find out as much as possible concerning the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical matters like the tidiness of the communal areas. Enquire of other tenants what they think of them. On a final note, be sure you discover the dates that the maintenance fees are due to the managing agents and specifically what it includes.

Other Topics

Lease Extensions in Great Dunmow