Examples of recent questions relating to leasehold conveyancing in Tiptree
I am in need of some leasehold conveyancing in Tiptree. Before I set the wheels in motion I would like to find out the remaining lease term.
Assuming the lease is registered - and almost all are in Tiptree - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Helen (my wife) and I may need to sub-let our Tiptree garden flat for a while due to a career opportunity. We instructed a Tiptree conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Tiptree do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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.
I have recently realised that I have Fifty years remaining on my lease in Tiptree. I now want to get lease extension but my landlord is missing. What options are available to me?
On the basis that you qualify, 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent may be useful to carry out a search and to produce an expert document to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court covering Tiptree.
Due to sign contracts shortly on a basement flat in Tiptree. Conveyancing solicitors have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Tiptree should include some of the following:
- Setting out your legal entitlements in respect of common areas in the block.By way of example, does the lease include a right of way over an accessway or staircase?
Back In 2007, I bought a leasehold flat in Tiptree. Conveyancing and Accord Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Tiptree who acted for me is not around.What should I do?
The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Tiptree conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Tiptree Leasehold Conveyancing - Examples of Queries before Purchasing
Plenty Tiptree leasehold flats will be liable to pay a service charge for maintenance of the building levied by the freeholder. Where you buy the flat you will have to meet this amount, normally periodically accross the year. This can vary from several hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a rentcharge to be met yearly, this is usually not a significant amount, say around £50-£100 but you should to enquire it because on occasion it can be prohibitively expensive.
You should be aware if it is less than 80 years it will affect the marketability of the apartment. It is worth checking with your bank that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will most likely require a lease extension at some point and you need to have some idea of how much this will be. For most Tiptreelease extensions you would need to own the property for a couple of years before you are legally able to extend the lease.
Best to be warned whether window replacement or some other significant cost is due in the foreseeable future that will be shared amongst the tenants and may well materially increase the the maintenance fees or necessitate a specific payment.