Experts for Leasehold Conveyancing in Stanstead Abbotts

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Leasehold conveyancing in Stanstead Abbotts is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Stanstead Abbotts and throughout next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Stanstead Abbotts leasehold conveyancing: Q and A’s

My partner and I may need to rent out our Stanstead Abbotts 1st floor flat temporarily due to taking a sabbatical. We instructed a Stanstead Abbotts conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Stanstead Abbotts do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold 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.

Due to sign contracts shortly on a leasehold property in Stanstead Abbotts. Conveyancing solicitors have said that they report fully next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Stanstead Abbotts should include some of the following:

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Does the lease prevent you from letting out the property, or working from home
  • Whether your lease has a provision for a sinking fund?
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Stanstead Abbotts please enquire of your solicitor in advance of your conveyancing in Stanstead Abbotts

    • I've recently bought a leasehold property in Stanstead Abbotts. Am I liable to pay service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    I am a negotiator for a busy estate agent office in Stanstead Abbotts where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Stanstead Abbotts conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension formalities for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

    An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    Can you provide any advice for leasehold conveyancing in Stanstead Abbotts from the point of view of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Stanstead Abbotts can be bypassed if you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
    • The majority landlords or managing agents in Stanstead Abbotts levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Stanstead Abbotts.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Stanstead Abbotts state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such works. Should you fail to have the consents in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Stanstead Abbotts leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a lengthy formality and slows down many a Stanstead Abbotts home move. Where a new share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

    • Stanstead Abbotts Leasehold Conveyancing - Sample of Queries before buying

      How long is the Lease? Please note that where the lease has no more than 80 years it will have adverse implications on the marketability of the apartment. Check with your lender that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will probably require a lease extension at some point and you need to have some idea of how much this would cost. For most Stanstead Abbottslease extensions you would need to own the premises for a couple of years in order to be entitled to extend the lease. Its a good idea to discover as much as possible about the managing agents as they will either make your living at the property much simpler or a lot more difficult. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the common parts. Enquire of other people whether they are happy with them. On a final note, be sure you understand the dates that the maintenance charges are due to the managing agents and precisely what it includes.

    Other Topics

    Lease Extensions in Stanstead Abbotts