Kingstanding leasehold conveyancing Example Support Desk Enquiries
Helen (my wife) and I may need to rent out our Kingstanding 1st floor flat for a while due to taking a sabbatical. We used a Kingstanding conveyancing firm 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 Kingstanding conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably turned down. If the 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 left on my lease in Kingstanding. I now want to get lease extension but my landlord is missing. What options are available to me?
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 an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the freeholder. In some cases an enquiry agent would be useful to try and locate and prepare an expert document which can be used as evidence that the landlord can not be located. 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 covering Kingstanding.
I own a leasehold flat in Kingstanding. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Kingstanding who acted for me is not around.What should I do?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Kingstanding conveyancing lawyer 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 freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What are your top tips when it comes to finding a Kingstanding conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Kingstanding conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Kingstanding conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How experienced is the firm with lease extension legislation?
All being well we will complete our sale of a £250000 maisonette in Kingstanding on Friday in a week. The landlords agents has quoted £372 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Kingstanding?
Kingstanding conveyancing on leasehold apartments normally necessitates administration charges levied by landlords agents :
- Answering pre-contract questions
- Where consent is required before sale in Kingstanding
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Kingstanding Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
The answer will be useful as a) areas may result in problems in the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the managing agents you will wish to have all the details
You will want to find out as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to every day issues such as the cleanliness of the communal areas. You should not be afraid to ask prospective neighbours if they are happy with them. In conclusion, find out the dates that the maintenance charges are due to the managing agents and precisely how they are spending that money.
It would be a good idea to find out if there are any onerous prohibitions in the lease. For instance it is reasonably common in Kingstanding leases that pets are not allowed in certain buildings in Kingstanding. If you like the propertyin Kingstanding however your dog can’t make the move with you then you have a very hard determination.