Recently asked questions relating to Radcliffe leasehold conveyancing
My partner and I may need to sub-let our Radcliffe basement flat for a while due to taking a sabbatical. We instructed a Radcliffe conveyancing firm in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?
Even though your last Radcliffe conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the premises. 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 before subletting. This means that you cannot sublet without prior consent. Such consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.
Having checked my lease I have discovered that there are only Sixty One years remaining on my lease in Radcliffe. I am keen to get lease extension but my landlord is absent. 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 an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. In some cases a specialist may be helpful to conduct investigations and prepare an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Radcliffe.
I am hoping to complete next month on a ground floor flat in Radcliffe. Conveyancing solicitors inform me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Radcliffe should include some of the following:
- The physical extent of the property. This will be the property itself but might incorporate a roof space or cellar if appropriate.
I am attracted to a two apartments in Radcliffe both have about fifty years left on the leases. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Radcliffe. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the value of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this field
When it comes to leasehold conveyancing in Radcliffe what are the most common lease problems?
There is nothing unique about leasehold conveyancing in Radcliffe. All leases are individual and legal mistakes in the legal wording can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the building
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Norwich and Peterborough Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.
Radcliffe Conveyancing for Leasehold Flats - Sample of Queries before buying
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How many of the leaseholders are in arrears for their service charge payments?
It would be sensible to discover if there are any onerous prohibitions in the lease. By way of example it is very common in Radcliffe leases that pets are not permitted in in a block in Radcliffe. If you like the apartmentin Radcliffe yet your dog can’t make the move with you then you have a very hard decision.
Its a good idea to find out as much as you can about the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to daily matters like the upkeep of the communal areas. Don't be shy to ask other tenants if they are happy with them. In conclusion, find out the dates that the maintenance charges are due to the managing agents and precisely what you get for your money.
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