Frequently asked questions relating to Whiston leasehold conveyancing
I want to sublet my leasehold flat in Whiston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Notwithstanding that your last Whiston conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek consent via your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of first obtaining consent. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
I have recently realised that I have 68 years left on my lease in Whiston. I am keen to extend my lease but my landlord is missing. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent may be useful to carry out a search and prepare a report which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Whiston.
I have just started marketing my garden flat in Whiston.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay the service charge 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 managing agents 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.
Can you offer any advice when it comes to appointing a Whiston conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for your lease extension (regardless if they are a Whiston conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Whiston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- What volume of lease extensions has the firm carried out in Whiston in the last year?
What are the common problems that you encounter in leases for Whiston properties?
There is nothing unique about leasehold conveyancing in Whiston. All leases are individual and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Coventry Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.
Leasehold Conveyancing in Whiston - Examples of Queries before buying
You should be aware if it is fewer than 80 years it will affect the value of the apartment. Check with your bank that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will probably require a lease extension at some point and it is worth finding out how much this will be. For most Whistonlease extensions you would be be obliged to have owned the residence for two years before you are entitled to carry out a lease extension.
Its a good idea to discover as much as you can about the company managing the building as they can either make your life much easier or a lot more difficult. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the common parts. You should not be shy to ask prospective neighbours what they think of them. In conclusion, be sure you know the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.
For most Whiston leaseholds the cost for major works tend not to be wrapped into the maintenance charges, although some managing agents in Whiston require tenants to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.