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Questions and Answers: Ingatestone leasehold conveyancing

I would like to sublet my leasehold apartment in Ingatestone. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your last Ingatestone conveyancing lawyer is not available you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Fifty years left on my lease in Ingatestone. I now wish to get lease extension but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have done all that could be expected to find the freeholder. For most situations an enquiry agent should be helpful to try and locate and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Ingatestone.

My wife and I purchased a leasehold flat in Ingatestone. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Ingatestone who previously acted has now retired.Any advice?

The first thing you should do is contact HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Ingatestone conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to choosing a Ingatestone conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Ingatestone conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Ingatestone conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Ingatestone who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Ingatestone from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Ingatestone can be avoided if you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Ingatestone leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such works. Where you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer first.
  • A minority of Ingatestone leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as over as opposed to ongoing.
  • You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the lease term is less than 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Ingatestone Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

      What is the name of the managing agents? Please tell me if there are any major works in the near future that will increase the maintenance costs? Best to be warned whether window replacement or some other major work is coming up to be shared by the leasehold owners and will dramatically increase the the maintenance charges or necessitate a specific invoice.

    Other Topics

    Lease Extensions in Ingatestone