Harry (my fiance) and I may need to rent out our Westcliff On Sea basement flat for a while due to taking a sabbatical. We used a Westcliff On Sea conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease dictates relations between the landlord and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Westcliff On Sea do not contain subletting altogether – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I only have Sixty One years remaining on my flat in Westcliff On Sea. I am keen to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you qualify, 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 mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent should be useful to carry out a search and to produce a report which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Westcliff On Sea.

Estate agents have just been given the go-ahead to market my 2 bed flat in Westcliff On Sea.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – Do I pay up?

It best that you clear 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've found a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Westcliff On Sea. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Westcliff On Sea ?

Most houses in Westcliff On Sea are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Westcliff On Sea in which case you should be shopping around for a Westcliff On Sea conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

Can you provide any advice for leasehold conveyancing in Westcliff On Sea with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Westcliff On Sea can be avoided where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
• The majority freeholders or managing agents in Westcliff On Sea levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Westcliff On Sea.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Westcliff On Sea state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such changes. Where you fail to have the approvals in place do not communicate with the landlord without contacting your lawyer before hand.
• If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Arranging a replacement share certificate can be a lengthy formality and slows down many a Westcliff On Sea conveyancing transaction. If a duplicate share is needed, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is less than 75 years. In the circumstances it is important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Westcliff On Sea Leasehold Conveyancing - Sample of Queries Prior to Purchasing

Best to be warned if changing the roof or some other significant cost is due in the foreseeable future to be shared by the leaseholders and will dramatically increase the the service costs or require a one time invoice. Be sure to discover if the the lease contains any adverse restrictions in the lease. For example some leases prohibit pets being allowed in in a block in Westcliff On Sea. If you like the flatin Westcliff On Sea however your cat can’t move with you then you have a very hard decision.