Questions and Answers: Woburn Sands leasehold conveyancing
Frank (my husband) and I may need to let out our Woburn Sands ground floor flat temporarily due to a career opportunity. We used a Woburn Sands conveyancing practice in 2002 but they have closed and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
A lease dictates relations between the landlord and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Woburn Sands do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
There are only 62 years left on my lease in Woburn Sands. I am keen to extend my lease but my freeholder is missing. What are my options?
If 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 enable the lease to be extended by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. In some cases a specialist should be helpful to conduct investigations and to produce a report to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Woburn Sands.
Looking forward to complete next month on a garden flat in Woburn Sands. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Woburn Sands should include some of the following:
- How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
- Defining your rights in relation to common areas in the block.E.G., does the lease provide for a right of way over an accessway or staircase?
- Will you be prohibited or prevented from having pets in the property?
- Whether the lease restricts you from letting out the flat, or having a home office for business
- Ground rent - how much and when you need to pay, and also know whether this will change in the future
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
- The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
Estate agents have just been given the go-ahead to market my basement flat in Woburn Sands.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should 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 managing agents will not acknowledge the buyer until 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.
Back In 2003, I bought a leasehold flat in Woburn Sands. Conveyancing and Birmingham Midshires mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Woburn Sands who acted for me is not around.What should I do?
First make enquiries of HMLR to be sure that this person is indeed the new freeholder. There is no need to instruct a Woburn Sands conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I invested in buying a 1 bedroom flat in Woburn Sands, conveyancing formalities finalised in 1998. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Woburn Sands with a long lease are worth £235,000. The ground rent is £55 charged once a year. The lease runs out on 21st October 2090
With only 64 years remaining on your lease we estimate the premium for your lease extension to range between £16,200 and £18,600 plus legals.
The figure above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of detailed investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.