Recently asked questions relating to Southend On Sea leasehold conveyancing
Jane (my partner) and I may need to sub-let our Southend On Sea basement flat for a while due to a career opportunity. We instructed a Southend On Sea conveyancing firm in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Southend On Sea conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of prior consent. Such consent must not not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
There are only 62 years left on my flat in Southend On Sea. I need to extend my lease but my freeholder is can not be found. What options are available to me?
On the basis that 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. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. On the whole a specialist should be useful to conduct investigations and prepare a report to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Southend On Sea.
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Southend On Sea. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Southend On Sea ?
The majority of houses in Southend On Sea are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Southend On Sea so you should seriously consider shopping around for a Southend On Sea conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should report to you on the legal implications.
Can you offer any advice when it comes to appointing a Southend On Sea conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Southend On Sea conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Southend On Sea conveyancing practices prior to instructing a firm. If the firm 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 Southend On Sea in the last twenty four months?
Can you provide any advice for leasehold conveyancing in Southend On Sea with the intention of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Southend On Sea can be reduced where you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
- Many freeholders or Management Companies in Southend On Sea levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Southend On Sea.
Southend On Sea Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
Can you tell me if there are any major works on the horizon that will add a premium to the maintenance charges?
Please note if it is no more than eighty years it will impact the marketability of the apartment. Check with your bank that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you will need to own the premises for a couple of years before you are legally able to extend the lease.
On the whole the outlay for major works are not incorporated into the maintenance charges, albeit that there some managing agents in Southend On Sea obliged leasehold owners to contribute towards a sinking fund created for the specific purpose of building a fund for larger works.