Questions and Answers: Queen's Park leasehold conveyancing
My husband and I may need to let out our Queen's Park ground floor flat temporarily due to a career opportunity. We used a Queen's Park conveyancing practice in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
Even though your previous Queen's Park conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek consent via your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord for their consent.
Having checked my lease I have discovered that there are only 62 years left on my flat in Queen's Park. I now wish to extend my lease but my freeholder is missing. What options are available to me?
If you qualify, 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 mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to locate the freeholder. For most situations a specialist may be helpful to try and locate and prepare a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering Queen's Park.
I am attracted to a two apartments in Queen's Park both have in the region of fifty years remaining on the leases. Will this present a problem?
A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the value of the lease decreases and it becomes more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field
Can you offer any advice when it comes to finding a Queen's Park conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Queen's Park conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Queen's Park conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- How familiar is the firm with lease extension legislation?
Do you have any advice for leasehold conveyancing in Queen's Park with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Queen's Park can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers solicitors.
- The majority landlords or managing agents in Queen's Park charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Queen's Park.
I have had difficulty in negotiating a lease extension in Queen's Park. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant statutes you can apply to the LVT to decide the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Queen's Park property is 4 & 4A Charteris Road in June 2009. the Tribunal held that the price to be paid for the enfranchisement of 4/4a Charteris Road to be £15,510 for at 4and £15,694 for at 4a This case was in relation to 2 flats. The the unexpired term as at the valuation date was 70.02 years.