Top Five Questions relating to Thurrock leasehold conveyancing
My partner and I may need to rent out our Thurrock 1st floor flat for a while due to taking a sabbatical. We instructed a Thurrock conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your previous Thurrock conveyancing solicitor is not available you can check your lease to check if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must obtain permission 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 turned down. If the lease prohibits you from subletting the property you should ask your landlord for their consent.
I have recently realised that I have 72 years remaining on my flat in Thurrock. I now wish to get lease extension but my landlord is absent. What should I do?
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 have done all that could be expected to track down the lessor. For most situations an enquiry agent may be helpful to try and locate and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the application to the County Court covering Thurrock.
Looking forward to complete next month on a leasehold property in Thurrock. Conveyancing lawyers assured me that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Thurrock should include some of the following:
- The physical extent of the property. This will be the apartment itself but might incorporate a loft or cellar if appropriate.
- Setting out your legal entitlements in relation to common areas in the block.E.G., does the lease grant a right of way over an accessway or staircase?
- Are you allowed to have a pet in the flat?
- You must be told what counts as a Nuisance in the lease
- Whether your lease has a provision for a sinking fund?
- You should have a good understanding of the insurance provisions
- 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
I've found a house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Thurrock. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
The majority of houses in Thurrock are freehold rather than 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 Thurrock so you should seriously consider looking for a Thurrock conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your lawyer will report to you on the legal implications.
I am employed by a busy estate agency in Thurrock where we have experienced a number of flat sales derailed as a result of short leases. I have received contradictory information from local Thurrock conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
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. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 purchaser.
I am the registered owner of a leasehold flat in Thurrock, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent properties in Thurrock with over 90 years remaining are worth £266,000. The ground rent is £65 invoiced every year. The lease expires on 21st October 2099
With only 73 years unexpired the likely cost is going to span between £12,400 and £14,200 as well as professional fees.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.