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Questions and Answers: Trowbridge Estate leasehold conveyancing

I am intending to rent out my leasehold apartment in Trowbridge Estate. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Trowbridge Estate conveyancing solicitor is not available you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek permission from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

Expecting to complete next month on a leasehold property in Trowbridge Estate. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Trowbridge Estate should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the premises. This will be the apartment itself but may include a loft or cellar if applicable.
  • Defining your legal entitlements in relation to the communal areas in the block.For example, does the lease grant a right of way over a path or hallways?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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 Trowbridge Estate please enquire of your conveyancer in ahead of your conveyancing in Trowbridge Estate

    • I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Trowbridge Estate. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Trowbridge Estate ?

    Most houses in Trowbridge Estate are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Trowbridge Estate so you should seriously consider looking for a Trowbridge Estate conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

    Back In 2009, I bought a leasehold house in Trowbridge Estate. Conveyancing and The Royal Bank of Scotland mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Trowbridge Estate who previously acted has long since retired.Any advice?

    The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to instruct a Trowbridge Estate conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured 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.

    Can you provide any advice for leasehold conveyancing in Trowbridge Estate from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Trowbridge Estate can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Trowbridge Estate state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you fail to have the approvals to hand do not contact the landlord without checking with your conveyancer before hand.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Obtaining a re-issued share certificate can be a time consuming formality and frustrates many a Trowbridge Estate conveyancing transaction. Where a duplicate share is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Trowbridge Estate Leasehold Conveyancing - A selection of Queries Prior to buying

      Does the lease have in excess of 82 years remaining? Be sure to investigate if there are any onerous prohibitions in the lease. For instance it is very common in Trowbridge Estate leases that pets are not permitted in in a block in Trowbridge Estate. If you like the propertyin Trowbridge Estate but your cat is not allowed to make the move with you then you will be presented with a hard choice. What prohibitions exist in the Trowbridge Estate Lease?

    Other Topics

    Lease Extensions in Trowbridge Estate