I would like to sublet my leasehold apartment in Tilbury. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

The lease dictates relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Tilbury do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Planning to complete next month on a garden flat in Tilbury. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

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

• Setting out your legal entitlements in relation to the communal areas in the block.For example, does the lease include a right of way over a path or hallways?

Does the lease require carpeting throughout thus preventing wood flooring?

Does the lease prevent you from subletting the flat, or having a home office for business

Whether your lease has a provision for a reserve fund?

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

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Tilbury please ask your lawyer in advance of your conveyancing in Tilbury

Estate agents have just been given the go-ahead to market my 2 bed apartment in Tilbury.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Tilbury. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Tilbury are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Tilbury so you should seriously consider looking for a Tilbury conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your solicitor should appraise you on the various issues.

If all goes to plan we aim to complete the sale of our £325000 apartment in Tilbury next Wednesday . The managing agents has quoted £384 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Tilbury?

For most leasehold sales in Tilbury conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange questions
• Where consent is required before sale in Tilbury
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Tilbury leasehold property is £350. For Tilbury conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Tilbury Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

You should want to find out as much as possible concerning the managing agents as they can either make living at the property much simpler or uncomfortable. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to practical issues such as the cleanliness of the communal areas. Enquire of other people what they think of them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the appropriate party and specifically how they are spending the funds. The answer will be helpful as a) areas could result in problems in the block as the common areas may begin to deteriorate where services are not paid for b) if the tenants have a dispute with the running of the building you will wish to have all the details What is the length of the lease?

Other Topics

Lease Extensions in Tilbury