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Frequently asked questions relating to Swaffham leasehold conveyancing

I would like to let out my leasehold flat in Swaffham. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Swaffham conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to seek permission from your landlord or some other party in advance of subletting. This means you not allowed to sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Sixty One years left on my lease in Swaffham. I am keen to get lease extension but my freeholder 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 submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations a specialist should be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court overseeing Swaffham.

Looking forward to complete next month on a basement flat in Swaffham. Conveyancing solicitors have said that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Swaffham should include some of the following:

  • The physical extent of the premises. This will be the flat itself but might include a loft or cellar if applicable.
  • Will you be prohibited or prevented from having pets in the property?
  • Does the lease prevent you from letting out the flat, or working from home
  • You need to be told what constitutes a Nuisance in the lease
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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 options are open to you if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Swaffham please enquire of your solicitor in ahead of your conveyancing in Swaffham

    • I own a leasehold flat in Swaffham. Conveyancing and The Royal Bank of Scotland mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Swaffham who previously acted has long since retired.Any advice?

    First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Swaffham conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any top tips for leasehold conveyancing in Swaffham with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Swaffham can be reduced if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Swaffham leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such works. If you dont have the approvals in place do not communicate with the landlord without checking with your lawyer in advance.
  • Some Swaffham leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Obtaining a new share certificate is often a time consuming process and delays many a Swaffham conveyancing deal. Where a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • Leasehold Conveyancing in Swaffham - Examples of Queries Prior to buying

      Are there any major works anticipated that could add a premium to the service fees? Please note that where the lease has fewer than 80 years it will have adverse implications on the value of the apartment. Check with your lender that they are willing to lend given the lease term. A short lease means that you will probably require a lease extension sooner rather than later and it is worth discovering what this would cost. For most Swaffhamlease extensions you will be required to have been the owner of the premises for 24 months before you are entitled to exercise a lease extension. This question is useful as a) areas can cause problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have an issue with the running of the building you will need to have complete disclosure

    Other Topics

    Lease Extensions in Swaffham