Sample questions relating to Trelogan leasehold conveyancing
Jane (my partner) and I may need to rent out our Trelogan garden flat temporarily due to taking a sabbatical. We instructed a Trelogan conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Trelogan do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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 consent.
I have recently realised that I have Sixty One years remaining on my lease in Trelogan. I need to get lease extension but my freeholder is can not be found. 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 Court. 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 conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Trelogan.
I work for a long established estate agency in Trelogan where we have witnessed a few flat sales derailed as a result of leases having less than 80 years remaining. I have received contradictory information from local Trelogan conveyancing firms. Can you clarify whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
An alternative approach is 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.
Can you provide any advice for leasehold conveyancing in Trelogan with the intention of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Trelogan can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
- Many freeholders or Management Companies in Trelogan levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Trelogan.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £400000 maisonette in Trelogan next Wednesday . The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Trelogan?
Trelogan conveyancing on leasehold maisonettes nine out of ten times involves administration charges invoiced by management companies :
- Answering pre-contract enquiries
- Where consent is required before sale in Trelogan
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Trelogan - Examples of Queries before Purchasing
Best to be warned whether a new roof is being installed or some other major work is pending that will be shared between the tenants and may well materially increase the the service charges or result in a one off payment.
The majority of Trelogan leasehold properties will be liable to pay a service charge for maintenance of the building set by the landlord. Should you purchase the apartment you will have to meet this amount, normally quarterly throughout the year. This may differ from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a ground rent for you to pay yearly, ordinarily this is not a large figure, say around £25-£75 but you need to enquire as occasionally it could be many hundreds of pounds.
Are there any major works anticipated that will likely increase the service costs?