Common questions relating to Upper Tooting leasehold conveyancing
Harry (my fiance) and I may need to let out our Upper Tooting garden flat temporarily due to taking a sabbatical. We used a Upper Tooting conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
A lease dictates relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Upper Tooting do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.
There are only Sixty One years unexpired on my lease in Upper Tooting. I now want to extend my lease but my landlord is missing. What options are available to me?
If you meet the appropriate requirements, 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 extended by the Court. You will be obliged to demonstrate that you have done all that could be expected to track down the freeholder. For most situations a specialist may be useful to try and locate and prepare an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Upper Tooting.
I have just started marketing my ground floor flat in Upper Tooting.Conveyancing has not commenced but I have just had a quarterly service charge invoice – Do I pay up?
The sensible thing to do is discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Upper Tooting. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Upper Tooting ?
The majority of houses in Upper Tooting 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. We note that you are purchasing in Upper Tooting so you should seriously consider shopping around for a Upper Tooting conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.
Can you provide any advice for leasehold conveyancing in Upper Tooting with the purpose of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Upper Tooting can be bypassed where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ lawyers.
- Many freeholders or managing agents in Upper Tooting levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Upper Tooting.
Upper Tooting Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
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How long is the Lease?
How much is the annual maintenance fee and ground rent?
Generally speaking the cost for major works are not wrapped into the maintenance charges, albeit that there some managing agents in Upper Tooting require leasehold owners to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger works.
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