My wife and I may need to sub-let our Lytchett Matravers 1st floor flat for a while due to taking a sabbatical. We instructed a Lytchett Matravers conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Lytchett Matravers conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 72 years unexpired on my lease in Lytchett Matravers. I now wish to extend my lease but my landlord is absent. What are my options?

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 magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the freeholder. For most situations an enquiry agent would be helpful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Lytchett Matravers.

Back In 2000, I bought a leasehold flat in Lytchett Matravers. Conveyancing and Halifax mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Lytchett Matravers who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is indeed the new freeholder. You do not need to instruct a Lytchett Matravers conveyancing lawyer to do this as it can be done on-line 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.

I am looking at a couple of flats in Lytchett Matravers which have in the region of fifty years unexpired on the leases. should I be concerned?

There is no doubt about it. A leasehold apartment in Lytchett Matravers is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. The majority of buyers and lenders, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Lytchett Matravers conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you provide any advice for leasehold conveyancing in Lytchett Matravers with the purpose of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Lytchett Matravers can be avoided if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
• Many freeholders or Management Companies in Lytchett Matravers levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Lytchett Matravers.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Lytchett Matravers state that internal structural alterations or laying down wooden flooring require a licence from the Landlord consenting to such changes. If you fail to have the consents in place do not communicate with the landlord without contacting your conveyancer before hand.
• A minority of Lytchett Matravers leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 lawyers.
• If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a time consuming formality and frustrates many a Lytchett Matravers home move. Where a reissued share is needed, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

Lytchett Matravers Leasehold Conveyancing - A selection of Queries Prior to buying

Make sure you investigate if there is anything that is prohibited in the lease. For example it is fairly common in Lytchett Matravers leases that pets are not allowed in certain buildings in Lytchett Matravers. If you like the apartmentin Lytchett Matravers yet your dog is not allowed to live with you then you will be faced difficult decision. Does this lease have more than 80 years unexpired?