Fixed-fee leasehold conveyancing in Sipson:

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Questions and Answers: Sipson leasehold conveyancing

My husband and I may need to sub-let our Sipson 1st floor flat for a while due to a new job. We used a Sipson conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease governs relations between the landlord and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Sipson do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Looking forward to exchange soon on a ground floor flat in Sipson. Conveyancing lawyers assured me that they report fully next week. What should I be looking out for?

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

  • The physical extent of the demise. This will be the apartment itself but might include a loft or cellar if appropriate.
  • Are you allowed to have a pet in the flat?
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions
  • 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.
  • What options are open to you if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Sipson please enquire of your conveyancer in ahead of your conveyancing in Sipson

    • I have just started marketing my ground floor flat in Sipson.Conveyancing has not commenced but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

    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 management companies 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've found a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Sipson. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Sipson ?

    Most houses in Sipson are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Sipson so you should seriously consider looking for a Sipson conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer will advise you fully on all the issues.

    Can you offer any advice when it comes to appointing a Sipson conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a property lawyer for your lease extension (regardless if they are a Sipson 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 Sipson conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

    • How many lease extensions has the firm conducted in Sipson in the last year?
  • What are the legal fees for lease extension work?

    • Following months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Sipson. Can we issue an application to the Residential Property Tribunal Service?

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

    An example of a Freehold Enfranchisement matter before the tribunal for a Sipson residence is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case affected 2 flats. The the unexpired term as at the valuation date was 69 years.

    Other Topics

    Lease Extensions in Sipson