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Recently asked questions relating to Neston leasehold conveyancing

I am intending to let out my leasehold apartment in Neston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your previous Neston conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must seek permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my lease in Neston. I now want to get lease extension but my landlord is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the landlord. On the whole a specialist should be helpful to conduct investigations and to produce a report to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Neston.

Looking forward to complete next month on a leasehold property in Neston. Conveyancing lawyers have said that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Neston should include some of the following:

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • You must be told what constitutes a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • 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 Neston please enquire of your lawyer in ahead of your conveyancing in Neston

    • My wife and I purchased a leasehold house in Neston. Conveyancing and Bank of Ireland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Neston who acted for me is not around.Any advice?

    First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Neston conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    What advice can you give us when it comes to finding a Neston conveyancing firm to deal with our lease extension?

    If you are instructing a solicitor for lease extension works (regardless if they are a Neston conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Neston conveyancing practices prior to 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?
  • If the firm is not ALEP accredited then what is the reason?

    • Neston Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

      Be sure to discover if the the lease includes any unreasonable restrictions in the lease. By way of example it is reasonably common in Neston leases that pets are not allowed in certain buildings in Neston. If you like the apartmentin Neston yet your cat can’t move with you then you have a very hard determination. Is there a share of the freehold? Best to be warned if a new roof is being installed or some other major work is anticipated to be shared amongst the leaseholders and may well dramatically impact the level of the service fees or require a one off invoice.

    Other Topics

    Lease Extensions in Neston