Fixed-fee leasehold conveyancing in Trowbridge Estate:

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Trowbridge Estate leasehold conveyancing Example Support Desk Enquiries

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

A lease dictates the relationship between the landlord and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Trowbridge Estate do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Trowbridge Estate. I now wish to get lease extension but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. For most situations an enquiry agent would be useful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Trowbridge Estate.

I own a leasehold house in Trowbridge Estate. Conveyancing and Bank of Ireland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Trowbridge Estate who previously acted has long since retired.Do I pay?

The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Trowbridge Estate conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to finding a Trowbridge Estate conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Trowbridge Estate conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Trowbridge Estate conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How familiar is the practice with lease extension legislation?
  • Can they put you in touch with client in Trowbridge Estate who can give a testimonial?

  • Are there frequently found problems that you witness in leases for Trowbridge Estate properties?

    Leasehold conveyancing in Trowbridge Estate is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the building
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, The Royal Bank of Scotland, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

    Trowbridge Estate Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      Who are the managing agents? The answer will be helpful as a) areas could result in problems for the block as the common areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will wish to know about it Most Trowbridge Estate leasehold flats will have a service bill for the upkeep of the block set on behalf of the freeholder. Where you acquire the flat you will have to pay this amount, usually quarterly throughout the year. This could vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a significant figure, say approximately £25-£75 but you should to enquire as occasionally it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Trowbridge Estate