Frequently asked questions relating to Kelvedon leasehold conveyancing
I wish to sublet my leasehold flat in Kelvedon. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Even though your last Kelvedon conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite 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 is not allowed to be unreasonably refused ore delayed. 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 unexpired on my flat in Kelvedon. I need to get lease extension but my freeholder is absent. What options are available to me?
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 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 should be helpful to carry out a search and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Kelvedon.
I’m about to sell my ground floor apartment in Kelvedon.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge invoice – what should I do?
The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I today plan to offer on a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Kelvedon. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Kelvedon ?
Most houses in Kelvedon are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Kelvedon so you should seriously consider shopping around for a Kelvedon conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to conduct 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 solicitor will appraise you on the various issues.
Do you have any top tips for leasehold conveyancing in Kelvedon from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Kelvedon can be bypassed where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers lawyers.
- Many landlords or managing agents in Kelvedon charge for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Kelvedon.
Leasehold Conveyancing in Kelvedon - Examples of Queries before buying
How much is the yearly maintenance fee and ground rent?
Its a good idea to discover as much as possible regarding the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day matters such as the upkeep of the common parts. Enquire of prospective neighbours if they are happy with them. Finally, find out the dates that you are obliged pay the maintenance charge to the appropriate party and specifically what it includes.
You should be aware if it is less than eighty years it will have adverse implications on the salability of the flat. It is worth checking with your mortgage company that they are content with remaining years on the lease. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth finding out how much this would cost. Remember, in most cases you would need to own the residence for a couple of years in order to be eligible to extend the lease.