Sample questions relating to Winchelsea leasehold conveyancing
Harry (my fiance) and I may need to sub-let our Winchelsea garden flat temporarily due to taking a sabbatical. We instructed a Winchelsea conveyancing practice in 2001 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Winchelsea 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.
I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Winchelsea. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
Most houses in Winchelsea are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Winchelsea so you should seriously consider looking for a Winchelsea conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer should appraise you on the various issues.
I am employed by a reputable estate agency in Winchelsea where we have witnessed a few flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Winchelsea conveyancing firms. Please can you confirm whether the vendor of a flat can commence the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
What are your top tips when it comes to appointing a Winchelsea conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Winchelsea conveyancing practice) it is imperative 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 Winchelsea 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 of use:
- How experienced is the practice with lease extension legislation?
Completion in due on our sale of a £375000 garden flat in Winchelsea next Friday . The managing agents has quoted £384 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Winchelsea?
Winchelsea conveyancing on leasehold maisonettes usually involves administration charges raised by freeholders :
- Completing pre-contract questions
- Where consent is required before sale in Winchelsea
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I purchased a leasehold flat in Winchelsea, conveyancing was carried out 9 years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Winchelsea with over 90 years remaining are worth £225,000. The average or mid-range amount of ground rent is £60 yearly. The lease terminates on 21st October 2094
With only 69 years unexpired we estimate the price of your lease extension to span between £14,300 and £16,400 plus professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.
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