Frequently asked questions relating to Silsoe leasehold conveyancing
Helen (my wife) and I may need to sub-let our Silsoe garden flat temporarily due to a career opportunity. We instructed a Silsoe conveyancing firm in 2001 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Silsoe conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or some other party in advance of subletting. This means that you cannot sublet without prior permission. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.
Having checked my lease I have discovered that there are only 72 years left on my lease in Silsoe. I am keen to extend my lease but my landlord is absent. What options are available to me?
On the basis that you meet the appropriate requirements, 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 lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. For most situations an enquiry agent may be useful to try and locate and prepare a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Silsoe.
I own a leasehold house in Silsoe. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Silsoe who acted for me is not around.Any advice?
The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Silsoe conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you provide any top tips for leasehold conveyancing in Silsoe from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Silsoe can be avoided if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Silsoe state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you dont have the consents in place do not contact the landlord without checking with your conveyancer in advance.
If all goes to plan we aim to complete our sale of a £200000 apartment in Silsoe next Thursday . The managing agents has quoted £360 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Silsoe?
Silsoe conveyancing on leasehold flats more often than not necessitates the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They are at liberty charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some situations it is in excess of £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, without which the charge is technically not due. Reality however dictates that you have no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.
Leasehold Conveyancing in Silsoe - Sample of Questions you should consider before buying
How much is the ground rent and service charge?
Who is in charge of the block?
Plenty Silsoe leasehold apartments will have a service bill for the upkeep of the building levied on behalf of the freeholder. Where you purchase the apartment you will have to meet this contribution, usually periodically during the year. This may differ from a few hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent to be met annual, ordinarily this is not a large figure, say about £25-£75 but you should to enquire as sometimes it could be surprisingly expensive.