Sample questions relating to Becontree Heath leasehold conveyancing
Harry (my fiance) and I may need to sub-let our Becontree Heath ground floor flat for a while due to taking a sabbatical. We used a Becontree Heath conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
Even though your last Becontree Heath conveyancing solicitor is no longer available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior permission. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.
I only have 68 years unexpired on my lease in Becontree Heath. I now wish to extend my lease but my freeholder is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you have used your best endeavours to find the lessor. For most situations a specialist would be helpful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Becontree Heath.
I have just started marketing my basement apartment in Becontree Heath.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge invoice – Do I pay up?
It best that you discharge the service charge 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 until 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 am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Becontree Heath. Conveyancing lawyers have not yet been appointed. Will they explain the issues?
The majority of houses in Becontree Heath are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Becontree Heath in which case you should be looking for a Becontree Heath conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer will appraise you on the various issues.
Can you provide any advice for leasehold conveyancing in Becontree Heath from the perspective of expediting the sale process?
- Much of the delay in leasehold conveyancing in Becontree Heath can be avoided if you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Becontree Heath leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. If you dont have the paperwork in place you should not contact the landlord without contacting your conveyancer in advance.
I inherited a two-bedroom flat in Becontree Heath. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
Most definitely. We are happy to put you in touch with a Becontree Heath conveyancing firm who can help.
An example of a Lease Extension decision for a Becontree Heath flat is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The the unexpired residue of the current lease was 61.36 years.