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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
  • How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Defining your rights in relation to common areas in the block.For example, does the lease contain a right of way over an accessway or staircase?
  • Does the lease prevent you from subletting the property, or working from home
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Greenfield please ask your lawyer in advance of your conveyancing in Greenfield

  • 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
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Greenfield leasehold premises is £350. For Greenfield conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

    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?

    Other Topics

    Lease Extensions in Greenfield