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Examples of recent questions relating to leasehold conveyancing in Ingatestone

I wish to let out my leasehold apartment in Ingatestone. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A small minority of properties in Ingatestone do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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 am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Ingatestone. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Ingatestone ?

The majority of houses in Ingatestone are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Ingatestone so you should seriously consider looking for a Ingatestone conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

Last month I purchased a leasehold property in Ingatestone. Do I have any liability for service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I am employed by a reputable estate agency in Ingatestone where we have witnessed a number of leasehold sales derailed as a result of short leases. I have been given contradictory information from local Ingatestone conveyancing solicitors. Can you clarify whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.

Do you have any advice for leasehold conveyancing in Ingatestone with the intention of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Ingatestone can be reduced if you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers lawyers.
  • Many landlords or Management Companies in Ingatestone charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Ingatestone.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Ingatestone state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such works. If you fail to have the consents in place do not contact the landlord without contacting your solicitor in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than ongoing.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy formality and slows down many a Ingatestone home move. If a reissued share is needed, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • Leasehold Conveyancing in Ingatestone - Sample of Questions you should consider Prior to buying

      What is the name of the managing agents? Best to be warned whether a new roof is being put on or some other significant cost is due in the near future to be shared by the tenants and will materially impact the level of the maintenance costs or require a one off invoice. For most Ingatestone leaseholds the cost for major works are not incorporated into the service charges, although there some managing agents in Ingatestone require leasehold owners to pay into a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.

    Other Topics

    Lease Extensions in Ingatestone