Fixed-fee leasehold conveyancing in Waltham Abbey:

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Common questions relating to Waltham Abbey leasehold conveyancing

I want to let out my leasehold apartment in Waltham Abbey. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your last Waltham Abbey conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to seek permission via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of prior permission. Such consent must not not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Due to sign contracts shortly on a leasehold property in Waltham Abbey. Conveyancing lawyers have said that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Waltham Abbey should include some of the following:

  • The physical extent of the property. This will be the flat itself but may include a loft or cellar if appropriate.
  • Does the lease prohibit wood flooring?
  • Whether the lease restricts you from renting out the flat, or working from home
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Waltham Abbey please ask your conveyancer in advance of your conveyancing in Waltham Abbey

    • I have just started marketing my garden apartment in Waltham Abbey.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge invoice – what should I do?

    It best that you clear the service charge 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 management companies will not acknowledge the buyer until 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 today plan to offer on a house that appears to be perfect, at a great price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Waltham Abbey. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

    The majority of houses in Waltham Abbey are freehold rather than 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 purchasing in Waltham Abbey so you should seriously consider looking for a Waltham Abbey conveyancing practitioner 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 lessee 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 alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should appraise you on the various issues.

    If all goes to plan we aim to complete the disposal of our £175000 apartment in Waltham Abbey on Monday in a week. The managing agents has quoted £420 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Waltham Abbey?

    Waltham Abbey conveyancing on leasehold flats normally requires the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to assist. They are entitled levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some transactions it exceeds £800. The management information fee demanded by the landlord must be sent together with a synopsis of rights and obligations in respect of administration charges, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to sell the property.

    I have had difficulty in trying to reach an agreement for a lease extension in Waltham Abbey. Can this matter be resolved via the Leasehold Valuation Tribunal?

    Most certainly. We can put you in touch with a Waltham Abbey conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a Waltham Abbey residence 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 the unexpired term as at the valuation date was 69.26 years.

    Other Topics

    Lease Extensions in Waltham Abbey