Sample questions relating to Wimborne leasehold conveyancing
My husband and I may need to rent out our Wimborne basement flat temporarily due to taking a sabbatical. We used a Wimborne conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
The lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Wimborne do not prevent subletting altogether – such a clause would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Having checked my lease I have discovered that there are only Sixty One years remaining on my flat in Wimborne. I now want to extend my lease but my freeholder is absent. What should I do?
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 an order 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 track down the lessor. In some cases an enquiry agent may be helpful to try and locate and to produce an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Wimborne.
Due to complete next month on a garden flat in Wimborne. Conveyancing lawyers have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Wimborne should include some of the following:
- You should receive a copy of the lease
I am looking at a two maisonettes in Wimborne which have approximately forty five years left on the lease term. Will this present a problem?
There are plenty of short leases in Wimborne. The lease is a right to use the premises for a period of time. As the lease gets shorter the marketability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area
Can you offer any advice when it comes to choosing a Wimborne conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Wimborne conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Wimborne conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How familiar is the firm with lease extension legislation?
Leasehold Conveyancing in Wimborne - A selection of Queries Prior to Purchasing
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The answer will be important as a) areas may cause problems for the block as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have a dispute with the managing agents you will need to have full disclosure
Who manages the block?
Is anyone aware of any major works on the horizon that could add a premium to the maintenance costs?
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