Common questions relating to Waltham Abbey leasehold conveyancing
My partner and I may need to sub-let our Waltham Abbey garden flat for a while due to taking a sabbatical. We instructed a Waltham Abbey conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Some leases for properties in Waltham Abbey 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.
Looking forward to sign contracts shortly on a basement flat in Waltham Abbey. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Waltham Abbey should include some of the following:
- You should receive a copy of the lease
I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Waltham Abbey. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Waltham Abbey ?
Most houses in Waltham Abbey are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Waltham Abbey so you should seriously consider looking for a Waltham Abbey 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. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your conveyancer will advise you fully on all the issues.
Can you provide any top tips for leasehold conveyancing in Waltham Abbey from the point of view of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Waltham Abbey can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
- Many landlords or managing agents in Waltham Abbey charge for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack 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 usual reason for frustration in leasehold conveyancing in Waltham Abbey.
If all goes to plan we aim to complete the sale of our £350000 flat in Waltham Abbey in 8 days. The management company has quoted £348 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Waltham Abbey?
Waltham Abbey conveyancing on leasehold flats more often than not requires the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be willing to assist. They are at liberty levy a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee levied by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, otherwise the charge is technically not due. In reality one has no option but to pay whatever is requested of you if you want to sell the property.
Having spent years of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Waltham Abbey. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a Waltham Abbey conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Waltham Abbey premises is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case was in relation to 2 flats. The remaining number of years on the lease was 69.26 years.