Examples of recent questions relating to leasehold conveyancing in Shillington
I want to sublet my leasehold flat in Shillington. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A small minority of properties in Shillington do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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.
There are only 62 years unexpired on my flat in Shillington. I am keen to extend my lease 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 for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you have done all that could be expected to locate the landlord. On the whole an enquiry agent should be helpful to carry out a search and prepare a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Shillington.
Due to complete next month on a ground floor flat in Shillington. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Shillington should include some of the following:
- The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
- The total extent of the property. This will be the apartment itself but might include a loft or cellar if applicable.
- Ground rent - how much and when you need to pay, and also know whether this will change in the future
- Repair and maintenance of the flat
- Responsibility for repairing the window frames
- What options are open to you if a neighbour is in violation of a provision in their lease?
- What the implications are if you breach a clause of your lease?
I’m about to sell my garden apartment in Shillington.Conveyancing is yet to be initiated but I have just received a half-yearly service charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Do you have any top tips for leasehold conveyancing in Shillington from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Shillington can be avoided where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
- Many landlords or managing agents in Shillington charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Shillington.
- If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Shillington state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you fail to have the paperwork to hand you should not contact the landlord without checking with your conveyancer before hand.
- If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Obtaining a duplicate share certificate is often a lengthy process and delays many a Shillington home move. If a new share certificate is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible.
- You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.
Shillington Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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In the main the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Shillington require leaseholders to pay into a sinking fund created for the specific purpose of building a fund for major works.
Plenty Shillington leasehold properties will be liable to pay a service bill for the upkeep of the block invoiced by the freeholder. If you acquire the flat you will have to meet this contribution, usually quarterly accross the year. This can differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent to be met yearly, this is usually not a significant amount, say around £50-£100 but you should to enquire as sometimes it can be many hundreds of pounds.
Who is in charge of the building?