I wish to let out my leasehold flat in Rayleigh. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

A small minority of properties in Rayleigh do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Rayleigh. I now want to get lease extension but my freeholder is absent. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the landlord. On the whole a specialist should be helpful to conduct investigations and to produce 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 solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Rayleigh.

I own a leasehold house in Rayleigh. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Rayleigh who previously acted has long since retired.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. There is no need to instruct a Rayleigh conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. 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.

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

When appointing a solicitor for lease extension works (regardless if they are a Rayleigh conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Rayleigh conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• How many lease extensions has the firm completed in Rayleigh in the last 12 months?

What are the common defects that you see in leases for Rayleigh properties?

There is nothing unique about leasehold conveyancing in Rayleigh. Most leases are unique and drafting errors can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Norwich and Peterborough Building Society, and Britannia all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Leasehold Conveyancing in Rayleigh - Sample of Questions you should ask Prior to buying

The majority of Rayleigh leasehold apartments will have a service charge for the upkeep of the block levied on behalf of the management company. If you acquire the flat you will have to meet this contribution, usually in instalments throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a ground rent to be met annual, ordinarily this is not a large sum, say around £25-£75 but you should to enquire it because sometimes it can be many hundreds of pounds. What prohibitions are contained in the Rayleigh Lease? How long is the Lease?

Other Topics

Lease Extensions in Rayleigh