Frequently asked questions relating to Twyford leasehold conveyancing
Harry (my fiance) and I may need to rent out our Twyford 1st floor flat for a while due to a career opportunity. We instructed a Twyford conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Twyford do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates 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 Fifty years remaining on my flat in Twyford. I now wish to get lease extension 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 an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the freeholder. On the whole a specialist may be useful to carry out a search and to produce a report to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Twyford.
I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Twyford. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
The majority of houses in Twyford are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Twyford so you should seriously consider looking for a Twyford conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your solicitor should advise you fully on all the issues.
What are your top tips when it comes to choosing a Twyford conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Twyford conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Twyford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- What volume of lease extensions have they conducted in Twyford in the last year?
Do you have any advice for leasehold conveyancing in Twyford from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Twyford can be reduced where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
- Many landlords or managing agents in Twyford levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Twyford.
Leasehold Conveyancing in Twyford - Sample of Questions you should ask Prior to buying
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It is important to be aware if changing the roof or some other significant cost is anticipated to be shared by the leaseholders and will dramatically impact the level of the service charges or necessitate a one off payment.
You should want to discover as much as you can about the managing agents as they can either make your living at the property much simpler or uncomfortable. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day issues like the cleanliness of the communal areas. Enquire of other tenants if they are happy with their service. Finally, find out the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money.
Are any of leasehold owners in arrears of their service charge payments?
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