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Questions and Answers: Bulls Cross leasehold conveyancing

Harry (my fiance) and I may need to rent out our Bulls Cross garden flat for a while due to taking a sabbatical. We used a Bulls Cross conveyancing firm in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Bulls Cross conveyancing lawyer is not around you can check your lease to see if you are permitted to let out the premises. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain permission from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

There are only Seventy years left on my lease in Bulls Cross. I now wish to extend my lease but my freeholder is missing. What should I do?

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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist should be helpful to try and locate and prepare a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Bulls Cross.

You should [be sent a copy of the lease|receive a copy of the lease]

Expecting to complete next month on a studio apartment in Bulls Cross. Conveyancing lawyers have said that they are sending me a report within the next couple of days. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
For a comprehensive list of information to be contained in your report on your leasehold property in Bulls Cross please ask your solicitor in advance of your conveyancing in Bulls Cross

I have just started marketing my 2 bed flat in Bulls Cross.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – what should I do?

It best that you discharge 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 management companies 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.

Back In 2004, I bought a leasehold house in Bulls Cross. Conveyancing and Nationwide Building Society mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Bulls Cross who previously acted has long since retired.What should I do?

First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Bulls Cross conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I have attempted and failed to negotiate with my landlord for a lease extension without success. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Bulls Cross conveyancing firm to help?

Most definitely. We are happy to put you in touch with a Bulls Cross conveyancing firm who can help.

An example of a Lease Extension decision for a Bulls Cross property is First Floor Flat 109 Lyndhurst Road in May 2010. Following a vesting order by Edmonton County Court on 29th October 2009 the Tribunal decided on a figure of £5,012 for a lease extension. This case affected 1 flat. The unexpired lease term was 81.79 years.

I invested in buying a studio flat in Bulls Cross, conveyancing formalities finalised in 2000. How much will my lease extension cost? Similar properties in Bulls Cross with an extended lease are worth £175,000. The ground rent is £60 invoiced every year. The lease terminates on 21st October 2089

With only 63 years unexpired we estimate the price of your lease extension to span between £17,100 and £19,800 as well as professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.