Sample questions relating to Walton on the Naze leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Walton on the Naze. Before I get started I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and most are in Walton on the Naze - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I would like to rent out my leasehold flat in Walton on the Naze. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Some leases for properties in Walton on the Naze do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see 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 consent.
Having checked my lease I have discovered that there are only Seventy years remaining on my flat in Walton on the Naze. I now wish to extend my lease 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 submit an application 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. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. In some cases an enquiry agent should be useful to carry out a search and prepare an expert document which can be accepted by the court 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 vesting order request to the County Court covering Walton on the Naze.
Planning to exchange soon on a studio apartment in Walton on the Naze. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Walton on the Naze should include some of the following:
- Setting out your legal entitlements in relation to the communal areas in the building.For example, does the lease provide for a right of way over a path or hallways?
Can you provide any advice for leasehold conveyancing in Walton on the Naze from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Walton on the Naze can be bypassed where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
- A minority of Walton on the Naze leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
Walton on the Naze Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
Is there a share of the freehold?
Is anyone aware of any major works in the near future that will likely add a premium to the service costs?
What is the service charge and ground rent on the flat?