Fixed-fee leasehold conveyancing in Newbury Park:

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Questions and Answers: Newbury Park leasehold conveyancing

I want to rent out my leasehold apartment in Newbury Park. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your previous Newbury Park conveyancing lawyer is no longer available you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you need to seek permission via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Planning to exchange soon on a studio apartment in Newbury Park. Conveyancing lawyers assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the flat, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Newbury Park please ask your solicitor in advance of your conveyancing in Newbury Park

    • I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Newbury Park. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

    Most houses in Newbury Park 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. We note that you are buying in Newbury Park in which case you should be shopping around for a Newbury Park conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.

    My wife and I purchased a leasehold flat in Newbury Park. Conveyancing and Clydesdale mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Newbury Park who acted for me is not around.Do I pay?

    The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Newbury Park conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, 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 Newbury Park from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Newbury Park can be avoided where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Newbury Park leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Where you fail to have the consents in place do not communicate with the landlord without checking with your solicitor first.
  • Some Newbury Park leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 buyers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be nervous about purchasing a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to 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 present the dispute as historic as opposed to unsettled.
  • You may think that you are aware of the number of years left on your lease but you should double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Newbury Park conveyancing firm to act on my behalf?

    Absolutely. We can put you in touch with a Newbury Park conveyancing firm who can help.

    An example of a Lease Extension case for a Newbury Park flat is 104 Coventry Road in July 2014. The Tribunal determined that the lease extension permium should be £22,896.15 This case related to 1 flat. The the unexpired term as at the valuation date was 60.29 years.

    Other Topics

    Lease Extensions in Newbury Park