Fixed-fee leasehold conveyancing in Torrington:

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Examples of recent questions relating to leasehold conveyancing in Torrington

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

Some leases for properties in Torrington do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to 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.

There are only Seventy years unexpired on my lease in Torrington. I need to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. For most situations an enquiry agent should be useful to try and locate and to produce a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Torrington.

I am hoping to sign contracts shortly on a garden flat in Torrington. Conveyancing solicitors inform me that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • You must be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Torrington please enquire of your conveyancer in ahead of your conveyancing in Torrington

    • I am employed by a long established estate agency in Torrington where we have witnessed a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Torrington conveyancing firms. Could you clarify whether the vendor of a flat can initiate the lease extension formalities for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done 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 buyer.

    What are your top tips when it comes to choosing a Torrington conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Torrington conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Torrington conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Torrington who can give a testimonial?

    • Torrington Leasehold Conveyancing - A selection of Queries Prior to buying

      This information is important as a) areas may result in problems in the block as the common areas may start to deteriorate where maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to know about it The prefered form of lease structure is a share of the freehold. In this arrangement the leaseholders benefit from control and notwithstanding that a managing agent is often employed if it is bigger than a house conversion, the managing agent employed by the leaseholders. How many years remain on the lease?

    Other Topics

    Lease Extensions in Torrington