Questions and Answers: Saffron Walden leasehold conveyancing
My fiance and I may need to sub-let our Saffron Walden garden flat temporarily due to taking a sabbatical. We used a Saffron Walden conveyancing firm in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Saffron Walden do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see 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 62 years remaining on my lease in Saffron Walden. I need to extend my lease but my landlord is missing. What should I do?
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 mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to track down the freeholder. In some cases an enquiry agent should be useful to try and locate and to produce a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Saffron Walden.
I've found a house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Saffron Walden. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
The majority of houses in Saffron Walden 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. We note that you are purchasing in Saffron Walden in which case you should be looking for a Saffron Walden conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your conveyancer should advise you fully on all the issues.
I own a leasehold flat in Saffron Walden. Conveyancing and Chelsea Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Saffron Walden who acted for me is not around.What should I do?
The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Saffron Walden 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 legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
We expect to complete our sale of a £325000 maisonette in Saffron Walden in 10 days. The management company has quoted £360 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Saffron Walden?
Saffron Walden conveyancing on leasehold maisonettes usually involves administration charges invoiced by landlords agents :
- Completing pre-exchange questions
- Where consent is required before sale in Saffron Walden
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Saffron Walden Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
It would be sensible to investigate if there is anything that is prohibited in the lease. For instance it is very common in Saffron Walden leases that pets are not permitted in in a block in Saffron Walden. If you like the propertyin Saffron Walden yet your cat can’t make the move with you then you have a very hard choice.
What restrictions are there in the Saffron Walden Lease?
How long is the Lease?