I am on look out for some leasehold conveyancing in Sudbury. Before diving in I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and most are in Sudbury - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Harry (my fiance) and I may need to let out our Sudbury basement flat temporarily due to taking a sabbatical. We instructed a Sudbury conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your last Sudbury conveyancing solicitor is not 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. There may be a precondition that you must seek consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

There are only 72 years unexpired on my lease in Sudbury. I now wish to get lease extension but my landlord is absent. What are my options?

On the basis that 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 enable the lease to be extended by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the lessor. In some cases an enquiry agent may be helpful to carry out a search and prepare an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the application to the County Court covering Sudbury.

Looking forward to complete next month on a garden flat in Sudbury. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?

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

• The physical extent of the property. This will be the apartment itself but could also include a roof space or cellar if appropriate.
• Does the lease require carpeting throughout thus preventing wood flooring?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• 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

Can you provide any top tips for leasehold conveyancing in Sudbury from the point of view of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Sudbury can be bypassed where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Sudbury leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such changes. If you dont have the paperwork to hand do not communicate with the landlord without contacting your solicitor first.
• A minority of Sudbury leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 lawyers.
• If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unsettled. You will have to accept that you will have to 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 details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to ongoing.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a duplicate share certificate is often a time consuming process and frustrates many a Sudbury conveyancing transaction. If a duplicate share is needed, you should approach the company officers or managing agents (where relevant) for this as soon as possible.

Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Sudbury. Can the Leasehold Valuation Tribunal adjudicate on premiums?

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

An example of a Lease Extension matter before the tribunal for a Sudbury premises is Ground Floor Flat 79 London Road in September 2012. the Tribunal held that the premium payable for the lease extension should be £7,636 This case was in relation to 1 flat. The unexpired lease term was 74 years.

Leasehold Conveyancing in Sudbury - Sample of Queries Prior to Purchasing

How many years remain on the lease? Are any of leasehold owners in arrears of their service charge liability?