Whiston leasehold conveyancing: Q and A’s
My partner and I may need to sub-let our Whiston basement flat temporarily due to a career opportunity. We used a Whiston conveyancing firm in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Whiston do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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 permission.
There are only Fifty years left on my flat in Whiston. I now wish 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 enable the lease to be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to find the landlord. For most situations a specialist may be helpful to conduct investigations and to produce a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the application to the County Court covering Whiston.
Planning to exchange soon on a studio apartment in Whiston. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Whiston should include some of the following:
- Defining your rights in relation to the communal areas in the block.E.G., does the lease include a right of way over a path or hallways?
What are your top tips when it comes to finding a Whiston conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Whiston conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Whiston conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How experienced is the firm with lease extension legislation?
When it comes to leasehold conveyancing in Whiston what are the most common lease defects?
Leasehold conveyancing in Whiston is not unique. All leases are individual and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Virgin Money, and TSB all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.
Whiston Leasehold Conveyancing - A selection of Queries Prior to buying
Are there any major works in the planning that could increase the maintenance charges?
Be sure to enquire if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in in a block in Whiston. If you like the flatin Whiston yet your dog is not allowed to live with you then you will be faced hard decision.
Are any of leasehold owners in arrears of their service charge liability?