Leasehold Conveyancing in Linslade - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Linslade, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Linslade leasehold conveyancing

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

Notwithstanding that your last Linslade conveyancing lawyer is no longer around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission from your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only 72 years remaining on my lease in Linslade. I now wish to get lease extension but my landlord is can not be found. What should I do?

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 magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to locate the landlord. In some cases an enquiry agent may be helpful to try and locate and to produce a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Linslade.

I am hoping to complete next month on a basement flat in Linslade. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Linslade should include some of the following:

  • You should be sent a copy of the lease
  • Does the lease prohibit wood flooring?
  • You need to be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Linslade please enquire of your solicitor in advance of your conveyancing in Linslade

    • My wife and I purchased a leasehold flat in Linslade. Conveyancing and National Westminster Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Linslade who previously acted has long since retired.Do I pay?

    First make enquiries of HMLR to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Linslade conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any top tips for leasehold conveyancing in Linslade from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Linslade can be bypassed if you instruct lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ conveyancers.
    • Some Linslade leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unsettled. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of 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 better to reveal the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share document. Arranging a new share certificate is often a time consuming formality and frustrates many a Linslade home move. Where a reissued share certificate is required, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Linslade Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

      How much is the ground rent and service charge? It is important to be aware whether window replacement or some other significant cost is due in the foreseeable future that will be shared between the leasehold owners and may well dramatically impact the level of the service charges or require a one time payment. What is the the remaining lease term?

    Other Topics

    Lease Extensions in Linslade