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Questions and Answers: Westbury On Trym leasehold conveyancing

I wish to rent out my leasehold apartment in Westbury On Trym. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Westbury On Trym 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.

I only have 72 years unexpired on my flat in Westbury On Trym. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. For most situations a specialist should be helpful to carry out a search and to produce an expert document which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Westbury On Trym.

Estate agents have just been given the go-ahead to market my basement apartment in Westbury On Trym.Conveyancing has not commenced but I have just had a yearly service charge demand – what should I do?

It best that you 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 management companies 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. This will smooth the conveyancing process.

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Westbury On Trym. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Westbury On Trym ?

Most houses in Westbury On Trym are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Westbury On Trym in which case you should be shopping around for a Westbury On Trym conveyancing solicitor and check that they have experience in dealing with 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 to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should advise you fully on all the issues.

Do you have any advice for leasehold conveyancing in Westbury On Trym from the point of view of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Westbury On Trym can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Westbury On Trym leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such works. Where you dont have the approvals to hand do not contact the landlord without checking with your lawyer in the first instance.
  • Some Westbury On Trym leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unsettled.
  • You believe that you know the number of years left on your lease but it would be advisable double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Westbury On Trym Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      Many Westbury On Trym leasehold flats will incur a service bill for the upkeep of the block levied on behalf of the management company. If you buy the flat you will have to meet this charge, usually periodically accross the year. This may be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge for you to pay yearly, ordinarily this is not a significant amount, say approximately £25-£75 but you should to enquire it because sometimes it can be surprisingly expensive. On the whole the outlay for major works tend not to be included within maintenance charges, although some managing agents in Westbury On Trym require tenants to pay into a sinking fund and this is used to offset against larger repairs or maintenance. Make sure you enquire if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being allowed in certain buildings in Westbury On Trym. If you like the apartmentin Westbury On Trym but your dog is not allowed to live with you then you have a very hard decision.

    Other Topics

    Lease Extensions in Westbury On Trym