I wish to sublet my leasehold flat in Irchester. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Irchester conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek consent via your landlord or other appropriate person before subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent should not 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.

I have recently realised that I have Fifty years remaining on my flat in Irchester. I need to get lease extension but my freeholder is can not be found. What options are available to me?

If you qualify, 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 prove that you have made all reasonable attempts to track down the landlord. In some cases a specialist may be useful to try and locate and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Irchester.

Looking forward to sign contracts shortly on a leasehold property in Irchester. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Irchester should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

I own a leasehold flat in Irchester. Conveyancing and Yorkshire Building Society mortgage organised. 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 1992. The conveyancing solicitor in Irchester who acted for me is not around.What should I do?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Irchester conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a long established estate agent office in Irchester where we see a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Irchester conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can initiate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 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 disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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 purchaser.

Irchester Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

On the whole the cost for major works tend not to be built into the maintenance charges, although some managing agents in Irchester ask tenants to contribute towards a sinking fund and this is used to offset against major repairs or maintenance. The best form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this situation the lessees benefit from control and notwithstanding that a managing agent is frequently retained if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Please note that where the lease has less than eighty years it will affect the salability of the flat. Check with your bank that they are happy with residual term of the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out what this will be. For most Irchesterlease extensions you would need to own the property for 24 months before you are entitled to exercise a lease extension.

Other Topics

Lease Extensions in Irchester