Frequently asked questions relating to Greenfield leasehold conveyancing
Jane (my partner) and I may need to sub-let our Greenfield ground floor flat for a while due to taking a sabbatical. We used a Greenfield conveyancing firm in 2002 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Some leases for properties in Greenfield do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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 permission.
I only have 62 years left on my flat in Greenfield. I now want to extend my lease but my freeholder is missing. What should I do?
If you qualify, 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 mean that your lease can be extended by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the freeholder. On the whole a specialist would be useful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Greenfield.
I am hoping to exchange soon on a basement flat in Greenfield. Conveyancing lawyers inform me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Greenfield should include some of the following:
- You should receive a copy of the lease
Back In 2001, I bought a leasehold flat in Greenfield. Conveyancing and Yorkshire Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Greenfield who acted for me is not around.Any advice?
First contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Greenfield conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
We expect to complete the disposal of our £425000 flat in Greenfield next Monday . The management company has quoted £372 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 leasehold conveyance in Greenfield?
Greenfield conveyancing on leasehold apartments typically results in fees being raised by freeholders :
- Completing conveyancing due diligence enquiries
- Where consent is required before sale in Greenfield
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Greenfield - A selection of Questions you should consider before Purchasing
It would be wise to find out as much as possible regarding the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the common parts. Ask other tenants what they think of their service. Finally, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.
On the whole the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Greenfield obliged leasehold owners to pay into a sinking fund and this is used to offset against larger repairs or maintenance.
What is the length of the lease?