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Questions and Answers: Moor Row leasehold conveyancing

I wish to let out my leasehold flat in Moor Row. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Moor Row conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person prior to subletting. This means that you cannot sublet without first obtaining consent. The consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

I only have Seventy years left on my flat in Moor Row. I am keen to get lease extension but my freeholder 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 submit an application 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 magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the lessor. For most situations a specialist should be useful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court covering Moor Row.

Looking forward to sign contracts shortly on a garden flat in Moor Row. Conveyancing lawyers inform me 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?

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

  • Does the lease prevent you from subletting the property, or working from home
  • You must be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • 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
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Moor Row please ask your conveyancer in advance of your conveyancing in Moor Row

  • Last month I purchased a leasehold property in Moor Row. Am I liable to pay service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £400000 apartment in Moor Row next Thursday . The managing agents has quoted £372 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Moor Row?

    Moor Row conveyancing on leasehold apartments often requires the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be willing to do so. They are entitled charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. In reality one has little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

    I acquired a ground floor flat in Moor Row, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Corresponding flats in Moor Row with an extended lease are worth £253,000. The ground rent is £60 invoiced every year. The lease comes to an end on 21st October 2094

    With just 72 years remaining on your lease we estimate the premium for your lease extension to be between £10,500 and £12,000 plus costs.

    The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Moor Row