I am intending to sublet my leasehold flat in Wickford. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your previous Wickford conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain consent from your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of prior permission. The consent should not be unreasonably withheld. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my ground floor apartment in Wickford.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge invoice – what should I do?

The sensible thing to do is pay 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 appears to be perfect, at a great price which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Wickford. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

Most houses in Wickford are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Wickford so you should seriously consider shopping around for a Wickford conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.

Can you offer any advice when it comes to choosing a Wickford conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Wickford conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Wickford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• If they are not ALEP accredited then why not?

What makes a Wickford lease unmortgageable?

Leasehold conveyancing in Wickford is not unique. Most leases are unique and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• 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

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Virgin Money, and Bank of Ireland 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 problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.

Leasehold Conveyancing in Wickford - Examples of Queries before buying

Can you tell me if there are any major works anticipated that will likely add a premium to the service costs? How much is the yearly service fee and ground rent? This question is useful as a) areas could result in problems in the block as the communal areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will wish to know about it

Other Topics

Lease Extensions in Wickford