Fixed-fee leasehold conveyancing in Marshalls Park:

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Marshalls Park leasehold conveyancing: Q and A’s

My partner and I may need to let out our Marshalls Park garden flat temporarily due to a career opportunity. We used a Marshalls Park conveyancing firm in 2001 but they have closed 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?

Even though your last Marshalls Park conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent from your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of prior permission. Such consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I only have 62 years left on my flat in Marshalls Park. I need to extend my lease but my landlord is can not be found. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission 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 prove that you or your lawyers have used your best endeavours to find the landlord. In some cases a specialist would be useful to carry out a search and prepare an expert document to be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Marshalls Park.

What are your top tips when it comes to finding a Marshalls Park conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Marshalls Park conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Marshalls Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Marshalls Park who can give a testimonial?

  • All being well we will complete the disposal of our £475000 apartment in Marshalls Park on Tuesday in a week. The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Marshalls Park?

    Marshalls Park conveyancing on leasehold apartments normally involves the buyer’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to address these enquiries the majority will be content to do so. They are at liberty invoice a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some transactions it is above £800. The management information fee required by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, without which the charge is not strictly payable. In reality you have little choice but to pay whatever is requested of you should you wish to complete the sale of your home.

    Are there common problems that you come across in leases for Marshalls Park properties?

    There is nothing unique about leasehold conveyancing in Marshalls Park. Most leases is drafted differently and legal mistakes in the legal wording can result in certain sections are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Virgin Money, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

    Marshalls Park Leasehold Conveyancing - A selection of Queries Prior to Purchasing

      Are any of leasehold owners in arrears of their service charge liability? This question is helpful as a) areas may result in problems for the block as the communal areas may start to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will need to know about it Most Marshalls Park leasehold properties will be liable to pay a service bill for maintenance of the building invoiced by the landlord. Should you buy the apartment you will have to pay this amount, normally in instalments accross the year. This can be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent for you to pay annual, normally this is not a significant figure, say around £50-£100 but you need to check it because sometimes it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Marshalls Park