Recently asked questions relating to Mersea Island leasehold conveyancing
Helen (my wife) and I may need to let out our Mersea Island 1st floor flat temporarily due to a career opportunity. We used a Mersea Island conveyancing firm in 2004 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?
Notwithstanding that your previous Mersea Island conveyancing solicitor is no longer available you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must obtain permission via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
Looking forward to exchange soon on a studio apartment in Mersea Island. Conveyancing lawyers have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Mersea Island should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
My wife and I purchased a leasehold house in Mersea Island. Conveyancing and Bank of Ireland mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Mersea Island who previously acted has now retired.Any advice?
First contact HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Mersea Island conveyancing solicitor to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing a Mersea Island conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Mersea Island conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Mersea Island conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- How familiar is the practice with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Mersea Island with the aim of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Mersea Island can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
- The majority landlords or managing agents in Mersea Island charge 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 sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Mersea Island.
Leasehold Conveyancing in Mersea Island - Sample of Queries Prior to Purchasing
Does the lease have more than 90 years unexpired?
Can you inform me if there are any major works anticipated that will likely add a premium to the maintenance fees?
Generally speaking the cost for major works are not included within maintenance charges, although there some managing agents in Mersea Island ask tenants to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance.