I would like to sublet my leasehold flat in Shoeburyness. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Shoeburyness 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 consent.

I have recently realised that I have 62 years remaining on my flat in Shoeburyness. I now wish to extend my lease but my freeholder is missing. 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 for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent should be useful to try and locate and to produce an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Shoeburyness.

I am tempted by the attractive purchase price for a two maisonettes in Shoeburyness both have approximately fifty years left on the leases. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Shoeburyness. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. It is often difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this arena

What are your top tips when it comes to finding a Shoeburyness conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Shoeburyness conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Shoeburyness conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How many lease extensions have they carried out in Shoeburyness in the last year?

What are the frequently found problems that you come across in leases for Shoeburyness properties?

Leasehold conveyancing in Shoeburyness is not unique. All leases is drafted differently and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the property
• Insurance obligations
• 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

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, The Royal Bank of Scotland, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Leasehold Conveyancing in Shoeburyness - Sample of Questions you should ask before buying

How many of the leaseholders are in arrears for their service charge payments? The prefered form of lease arrangement is if the freehold interest is in the ownership of the leaseholders. In this scenario the tenants enjoy control and although a managing agent is frequently retained where it is larger than a house conversion, the managing agent retained by the leaseholders. Is there a share of the freehold?

Other Topics

Lease Extensions in Shoeburyness