Recently asked questions relating to Westcliff On Sea leasehold conveyancing
I wish to sublet my leasehold apartment in Westcliff On Sea. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Notwithstanding that your last Westcliff On Sea conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent via your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
There are only Sixty One years left on my lease in Westcliff On Sea. I need to extend my lease but my freeholder is absent. What should I do?
On the basis that 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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the landlord. For most situations an enquiry agent may be helpful to carry out a search and prepare an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Westcliff On Sea.
Looking forward to complete next month on a ground floor flat in Westcliff On Sea. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Westcliff On Sea should include some of the following:
- Does the lease prevent you from subletting the property, or having a home office for business
Can you provide any advice for leasehold conveyancing in Westcliff On Sea from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Westcliff On Sea can be bypassed if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
- In the event that you altered the property did you need the Landlord’s permission? 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 from the Landlord acquiescing to such works. If you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer in advance.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £375000 apartment in Westcliff On Sea in just under a week. The managing agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Westcliff On Sea?
For most leasehold sales in Westcliff On Sea conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Completing pre-exchange enquiries
- Where consent is required before sale in Westcliff On Sea
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Westcliff On Sea Leasehold Conveyancing - Examples of Queries Prior to buying
You should want to find out as much as possible regarding the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the cleanliness of the common parts. Ask other tenants if they are happy with them. In conclusion, be sure you know the dates that the maintenance fees are due to the managing agents and precisely what it includes.
In the main the cost for major works tend not to be wrapped into the service charges, although a few managing agents in Westcliff On Sea ask tenants to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger repairs or maintenance.
What restrictions exist in the Westcliff On Sea Lease?