Examples of recent questions relating to leasehold conveyancing in Harwich
My partner and I may need to let out our Harwich ground floor flat for a while due to a new job. We instructed a Harwich conveyancing practice in 2003 but they have closed 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?
Notwithstanding that your previous Harwich conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without first obtaining consent. The consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
I have recently realised that I have 72 years left on my flat in Harwich. I need to get lease extension but my landlord is missing. What are my options?
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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. For most situations an enquiry agent should be helpful to carry out a search and prepare an expert document which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Harwich.
Back In 2008, I bought a leasehold flat in Harwich. Conveyancing and Leeds Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Harwich who previously acted has now retired.What should I do?
First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Harwich conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you provide any top tips for leasehold conveyancing in Harwich from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Harwich can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
- The majority landlords or managing agents in Harwich charge for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Harwich.
All being well we will complete the disposal of our £500000 flat in Harwich in just under a week. The freeholder has quoted £420 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Harwich?
For the majority of leasehold sales in Harwich conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Addressing conveyancing due diligence enquiries
- Where consent is required before sale in Harwich
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Harwich Conveyancing for Leasehold Flats - Examples of Queries before buying
How much is the ground rent and service charge?
It would be prudent to discover if the the lease contains any unreasonable restrictions in the lease. For example some leases prohibit pets being allowed in in a block in Harwich. If you love the flatin Harwich but your cat can’t make the move with you then you will be faced difficult compromise.
Are any of leasehold owners in arrears of their service charge liability?