Sample questions relating to Mortimer leasehold conveyancing
I would like to sublet my leasehold flat in Mortimer. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your previous Mortimer conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Mortimer. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Mortimer ?
Most houses in Mortimer are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Mortimer so you should seriously consider shopping around for a Mortimer conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer will appraise you on the various issues.
I work for a long established estate agency in Mortimer where we have witnessed a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Mortimer conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Can you offer any advice when it comes to finding a Mortimer conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Mortimer conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Mortimer conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- How familiar is the practice with lease extension legislation?
Do you have any advice for leasehold conveyancing in Mortimer with the aim of expediting the sale process?
- Much of the delay in leasehold conveyancing in Mortimer can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers representatives.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Mortimer state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such changes. Should you dont have the approvals to hand do not contact the landlord without contacting your conveyancer before hand.
Mortimer Leasehold Conveyancing - Examples of Queries Prior to buying
Who are the managing agents?
Most Mortimer leasehold flats will be liable to pay a service bill for maintenance of the building levied by the management company. Should you purchase the apartment you will have to pay this amount, usually quarterly accross the year. This may vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a ground rent to be met annual, normally this is not a exorbitant figure, say around £25-£75 but you need to check it because on occasion it could be many hundreds of pounds.
On the whole the cost for major works tend not to be built into the maintenance charges, albeit that there some managing agents in Mortimer ask leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.