Fixed-fee leasehold conveyancing in Southend On Sea:

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Questions and Answers: Southend On Sea leasehold conveyancing

I wish to sublet my leasehold apartment in Southend On Sea. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Your lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Southend On Sea do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I only have Sixty One years remaining on my flat in Southend On Sea. I need to extend my lease but my landlord is absent. What are my options?

If 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 mean that your lease can be extended by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the landlord. On the whole a specialist may be useful to carry out a search and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Southend On Sea.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Southend On Sea. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Southend On Sea are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Southend On Sea so you should seriously consider shopping around for a Southend On Sea conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor will advise you fully on all the issues.

What are your top tips when it comes to finding a Southend On Sea conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (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 recommend that you talk with several firms including non Southend On Sea conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How many lease extensions has the firm conducted in Southend On Sea in the last 12 months?
  • Can they put you in touch with client in Southend On Sea who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Southend On Sea with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Southend On Sea can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers lawyers.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Southend On Sea leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the consents to hand do not contact the landlord without checking with your lawyer in advance.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than ongoing.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and delays many a Southend On Sea conveyancing deal. If a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but you should double-check by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to where the lease term is below 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Southend On Sea Leasehold Conveyancing - Sample of Queries Prior to buying

      Make sure you investigate if the the lease contains any adverse restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Southend On Sea. If you love the propertyin Southend On Sea however your cat is not allowed to live with you then you will be presented with a difficult compromise. Are any of leasehold owners in dispute over their service charge liability? The answer will be important as a) areas may cause problems in the building as the common areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the running of the building you will need to have full disclosure

    Other Topics

    Lease Extensions in Southend On Sea